The Mother of Innovation: 2021 Commercial Division Rule Changes
Many of the 2021 Commercial Division rule changes arose from pandemic-related health and safety concerns. However, the changes do far more than merely enable the Commercial Division parts to continue to adjudicate cases effectively in the COVID-19 world. These rules are designed to increase the efficiency and productivity of the Commercial Division beyond COVID-19 and further entrench its role as a leader in efficient adjudication and innovation among courts.
February 17, 2022 at 12:15 PM
8 minute read
"As I see it," said Socrates, "the true creator of our invention is necessity." Plato, Republic at II.369c. So too did the necessity for change become apparent to judges and practitioners as successive waves of COVID-19 infections compelled courts to shut their doors to in-person legal proceedings. But the administration of justice is and must be unshakable. In the midst of uncertainty and crisis, courts were quick to deploy new technologies and enact rules to enable virtual proceedings and sustain court operations. At the front line of this effort was the New York State Commercial Division, no stranger to innovation, which last year added or amended five rules to §202.70(g) of the Rules of Practice encompassing: pre-trial submissions (Rule 31), alternative dispute resolution (ADR) (Rule 3(a)), disclosure statements (Rule 35), virtual evidentiary hearings and non-jury trials (Rule 36), and remote depositions (Rule 37).
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