The New York State Office of Court Administration has issued a request for public comment on the Commercial Division Advisory Council’s proposal to amend Commercial Division Rule 14 regarding good faith consultations on discovery disputes. https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/RequestForPublicComment-CommercialDivision-DiscoveryDisputeGoodFaithConsultations-032726r.pdf
The memorandum prepared by the Commercial Division Advisory Council setting forth the reasons for this proposal states: “Discovery 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.” That does not always occur, of course. The Advisory Council’s proposed amendment to Commercial Division Rule 14 is designed to ameliorate this significant litigation problem. See Exhibit B to the request for public comment.
Thank you to business courts pioneer Bob Haig for bringing this to my attention.
Posted Doug Toering of Mantese Honigman, PC.
