New NY Commercial Division Rule and Protocols Governing Remote Depositions goes into Effect on December 15, 2021

On Wednesday, December 15, 2021, New York Commercial Division Rule 37 goes into effect.  The new rule governs remote depositions.  An appendix providing a form “Stipulation and [Proposed] Order Concerning Protocol for Conducting Remote Depositions” has been adopted to accompany the new rule.  Rule 37’s text and the new Appendix G can be found here.

This continues a series of developments and proposals in the Commercial Division’s Rules during 2021, which we have previously highlighted, concerning Neutral Evaluators, virtual evidentiary hearings and non-jury trials, corporate disclosure, electronic discovery, proportionality and reasonableness standards in discovery, and the adoption of certain Commercial Division Rules beyond the Commercial Division.

As with all of the recent developments in the Commercial Division Rules, the Commercial Division Advisory Council (CDAC) played a key role.  The CDAC’s 20 page September 26, 2020 memorandum, recommending a new Commercial Division rule “clarifying the authority of the courts to order remote depositions,” can be found here.

We again thank business courts pioneer Robert Haig, of Kelley Drye, for bringing this development to our attention.