New Uniform Rule 202.20-i adopts Commercial Division Rule 32-a, which allows for the offering of direct testimony by affidavit in a nonjury trial or evidentiary hearing.Ī party wishing to offer direct testimony in an affidavit may do so: New Uniform Rule 202.20-i Direct Testimony by Affidavit This is a change that every practitioner will appreciate after the doors to the courthouse physically reopen.Ģ. New Uniform Rule 202.23 adopts Commercial Division Rule 34 and calls for “taggered court appearances…for oral argument on a motion…assigned either a set time or a time interval during which the appearance is expected to be held” and “for the court to be able to address any and all matters of concern to the court.”Īllowing the court to schedule arguments and/or conferences for each case at a specific time should drastically reduce counsels’ waiting time and result in more efficient and less costly court appearances. New Uniform Rule 202.23 Staggered Court Appearances Here Are 12 Interesting New Developmentsġ. With their emphasis on efficient procedure designed to make predictable the costs of litigation, the new changes to the Uniform Rules should introduce the benefits of practicing in the Commercial Division to those matters that do not qualify for adjudication in the Commercial Division. To the extent that the Commercial Division Rules were based on federal court practice, this development represents the continued alignment of state and federal litigation practice. Judge Marks issued AO/270/2020, effective February 1, 2021, which amends the Uniform Civil Rules for the Supreme Court and the County Courts (the Uniform Rules) to incorporate, either in whole or in part, 29 current Commercial Division Rules. This proven success is about to roll out widely to the other trial courts in New York. In fact, Chief Administrative Judge Lawrence Marks states that “through the work of the Commercial Division Advisory Council-a committee of commercial practitioners, corporate in-house counsel and jurists devoted to the Division’s excellence-the Commercial Division has functioned as an incubator, becoming a recognized leader in court system innovation, and demonstrating an unparalleled creativity and flexibility in development of rules and practices.” See Administrative Order AO/270/2020 (AO/270/2020). Accordingly, the Commercial Division has become an efficient and effective tribunal that is highly sought after to adjudicate complex civil business disputes. If the deposition is to be videotaped, the administrative law judge's order will so state.From their creation in 1993, the New York State Supreme Court Commercial Division Rules have been developed and refined by judges and practitioners to pursue the twin goals of cost containment and fair adjudication. If the administrative law judge approves the taking of a deposition, he will issue an order which will include in its terms the name of the person to be examined, the time and place of the deposition, and the officer before whom it is to be taken. Unless the administrative law judge shall determine otherwise for good cause shown, an application to take a deposition will not be regarded as sufficient ground for granting an adjournment from a date of hearing theretofore set. A hearing on the application will be held only if directed by the administrative law judge. Such other parties or persons shall file their objections or other response, with a certificate of service thereof on the other parties and such other persons, within 15 days after such service of the application. The applicant shall serve a copy of the application on each of the other parties to the case, as well as on such other persons who are to be examined pursuant to the application, and shall file with the application a certificate showing such service. The application shall be made to the administrative law judge assigned to the case or if no administrative law judge has yet been assigned to the supervising administrative law judge. The application may be filed with the Division of Tax Appeals at any time after the petition is filed. (2) Filing and disposition of application.
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