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Rules of Court Commercial Court

Epstein Becker & Green

Key Takeaways From Recent Amendments to the New Jersey Court Rules

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The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more

Vinson & Elkins LLP

Everything You Need to Know About Texas’s Business Courts

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The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more

Farrell Fritz, P.C.

Recent Reminders from the Commercial Division That Experts Must Timely Show Themselves and Their Work to Avoid Preclusion

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It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more

Farrell Fritz, P.C.

Proposed Trial Rules Reboot (Commercial Division Rules 25-33): Stay Tuned

Farrell Fritz, P.C. on

Since the inception of the New York State Supreme Court Commercial Division Rules in 1993, the rules have been consistently amended and refined by judges with practitioners’ input to “improve the efficiency with which such...more

Epstein Becker & Green

“Unsworn” Attorney Affirmations: Overlooked Side Effect of Changes to CPLR 2106

By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same...more

Epstein Becker & Green

Comparing New York State’s Court Rule Governing Entity Depositions to Federal Rule of Civil Procedure 30(b)(6)

The New York State Court Rule (the “Rule”), 22 NYCRR 202.20-d, that governs entity depositions is intended to streamline the method for examining entities. Although it is similar to FRCP 30(b)(6), it is not entirely the same....more

Farrell Fritz, P.C.

Rule Change Redux, 2022 Edition

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Did you know that the New York State United Court System publishes an annual report covering the advances, challenges, and achievements in and by our New York State courts over the past year? If you did not, now is the time...more

Farrell Fritz, P.C.

Navigating Appearances Before Commercial Division Justice Timothy S. Driscoll: Tips for Young Lawyers and A Refresher for Seasoned...

Farrell Fritz, P.C. on

As any practitioner litigating a case before the Commercial Division knows, and as we have mentioned time and again on this blog, it is critical to know the Part Rules of the particular judge assigned to your case.  But...more

Farrell Fritz, P.C.

Proposed Commercial Division Rule Change Gives Remote Proceedings Even More Staying Power

Farrell Fritz, P.C. on

It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...more

Farrell Fritz, P.C.

Note to ComDiv Practitioners: “Learn Your Rules, You Better Learn Your Rules!”

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For commercial practitioners who happen to be fans of the TV series “The Office,” Dwight Schrute’s “Learn Your Rules, You Better Learn Your Rules” jingle perfectly describes the constant theme of practicing before the New...more

Farrell Fritz, P.C.

Counsel May Not Evade Word Limitations by Incorporating Affidavits in Place of a Statement of Facts

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Litigation in the Commercial Division is efficient and effective in part because its judges strictly enforce the Commercial Division Rules.  Those unsure can peruse Matt Donovan’s “Check the Rules” series on this blog,...more

Farrell Fritz, P.C.

Necessity Is the Mother of Innovation: The Option of Virtual Evidentiary Hearings and Non-Jury Trials Goes from Provisional to...

Farrell Fritz, P.C. on

As we all are acutely aware, during the last 21+ months, the normally slow-to-change practice of law has been thrust into overdrive, forcing lawyers and courts to quickly pivot from a largely in-person practice to virtual....more

Farrell Fritz, P.C.

Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements

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Aficionados of Commercial Division practice know that the ComDiv rules originally were — and, as evidenced by an Administrative Order earlier this month, continue to be — modeled after the federal rules.  Efficiency begets...more

Farrell Fritz, P.C.

The Dynamic Duo of Proportionality and Reasonableness: Another New Proposal From the Commercial Division Advisory Council

Farrell Fritz, P.C. on

As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of...more

Farrell Fritz, P.C.

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Farrell Fritz, P.C. on

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies.  Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Farrell Fritz, P.C.

Reminder to Practitioners: Gender Neutral Language Required

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Commercial Division justices have been trailblazers in the bench’s efforts to improve the diversity and inclusiveness of the attorneys appearing before them.  For example, many Commercial Division justices include in their...more

Farrell Fritz, P.C.

Administering Justice Remotely in the Westchester County Commercial Division

Farrell Fritz, P.C. on

A quick timeout this week from some of our more substantive content here at NY ComDiv Practice to report on some upcoming events and happenings in and around the Commercial Division, particularly in Westchester County...more

Farrell Fritz, P.C.

Amended ComDiv Rule 6: The Practice of Law at Your Fingertips (literally)

Farrell Fritz, P.C. on

The New York Commercial Division continues to be a beacon of innovation with a recent amendment to ComDiv Rule 6, now requiring bookmarking and hyperlinking within briefs and affidavits filed with the court.  The amendment is...more

Farrell Fritz, P.C.

ComDiv Rule 1 Amended: Request to Appear Remotely, Avoid Infection, and Save Your Clients a Buck

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To be sure, much has been reported on here at New York Commercial Division Practice concerning Commercial Division innovation — including in the areas of courtroom technology and, more recently, in adapting to the “new norm”...more

Patterson Belknap Webb & Tyler LLP

Repeal of Rule 23: the 60-Day Rule

On June 23, 2020, Chief Administrative Judge Marks approved the repeal of Rule 23 of the Commercial Division Rules. Rule 23 (known as the “60-Day Rule”) required movant’s counsel to notify the court and other parties...more

Farrell Fritz, P.C.

Hyperlinks Requirement in the Commercial Division . . . The Latest Proposal from the Advisory Council

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Following the lead of several federal courts, hyperlinks in legal briefs in the Commercial Division appear to be well on the way!  The Commercial Division Advisory Council (“Advisory Council”) has announced a new proposal,...more

Patterson Belknap Webb & Tyler LLP

Advisory Council Proposes a Series of Commercial Division Rule Changes

The final month of summer has seen a flurry of rulemaking activity with the Commercial Division Advisory Council (the “Advisory Council”) proposing four changes to the Commercial Division Rules. The Office of Court...more

Farrell Fritz, P.C.

Three New Rule Amendments Proposed by the Commercial Division Advisory Council

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The Commercial Division Advisory Council (the “Advisory Council”) has proposed three new amendments to the Commercial Division Rules: (1) a proposed amendment to Rule 1, which will allow counsel to participate in court...more

Farrell Fritz, P.C.

Litigator's Toolkit: Know the Law, Know the Rules, Know your Judge

Farrell Fritz, P.C. on

We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge assigned to your case likes and dislikes, and her pet peeves is just as important for your success as an...more

Farrell Fritz, P.C.

Keeping Up With the Commercial Division: Statewide “Presumptive ADR” System for all Civil Cases

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New York is continuously working to advance the delivery and quality of civil justice in this state. We recently discussed the technological developments in New York State Commercial Division courtrooms and a few months ago...more

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