Since 2009, the New York Supreme Court's Ninth Judicial District (which includes Westchester) has departed from the CPLR's party-driven litigation process in favor of a more structured approach. First implemented by then Administrative Judge Alan D. Scheinkman, the Differentiated Case Management (DCM) Protocol seeks to promote "active and effective case management" through "a comprehensive framework designed to provide intensive case supervision throughout the civil litigation process."

Among other things, the DCM divides the litigation process into Parts, each supervised by a different justice and each with a comprehensive framework of procedural rules. The protocol has been fine-tuned over the years, but the revisions implemented on Dec. 6, 2021, will have a substantial impact on litigation in Westchester Supreme. They include: (1) eliminating stays of discovery during the pendency of dispositive motions, (2) restructuring the DCM Parts to reflect an increased emphasis on mediation and settlement through alternative dispute resolution, and (3) reviving the Trial Assignment Part, following the suspension of trials due to the COVID-19 pandemic.