On October 8, 2026, an Administrative Order of the Chief Administrative Judge of the New York State Courts was issued. This amended Rule 14 of the Rules of the Commercial Division (Section 202.70 of the Uniform Rules of the Supreme and County Courts), regarding discovery disputes. The New York Commercial Division Advisory Council prepared a memorandum setting forth the reasons it proposed these amendments.
The Advisory Council’s memorandum states that “[d]iscovery disputes were viewed nearly 40 years ago, and remain today, the most prolific generator of pre-trial motions.” The memorandum also quotes a judicial decision which states that “Most seasoned litigators know that, with a modicum of good sense, discovery disputes can and should be resolved by the attorneys without the necessity of judicial intervention.” Unfortunately, the large number of pre-trial motions which continue to be generated by discovery disputes suggest that “a modicum of good sense” does not always determine litigation strategy and tactics. The Commercial Division Advisory Council’s proposed amendments to Commercial Division Rule 14 are designed to ameliorate this significant litigation problem.
Thank you to former Presiding Justice Alan D. Scheinkman, who is a member of the Commercial Division Advisory Council, and to Commercial Division Advisory Council Co-Chair Bob Haig for bringing this to my attention.
Posted by Doug Toering of Mantese Honigman, PC. www.manteselaw.com
