In February 2021, the court system implemented new rules of practice for New York Courts. Some of these rules significantly changed the procedures governing court appearances, discovery, and motion practice. In an earlier column, we discussed several of the more significant of these new rules and the potential impact upon civil practice in the tort field. It is clear that some of these new rules may not require court intervention on a routine basis.

What is notable, however, is the impact of the new Rule 22 NYCRR 202.8-g, requiring that summary judgment motions, in addition to the customary submission of affirmations, evidence and memoranda of law, now also be accompanied by a concise Statement of Material Facts, setting forth the material facts as to which the moving party contends there are no triable issues, with citations to evidence in the record. Opposing papers must respond in a prescribed manner to each of these allegations. The failure to respond in exactly the form directed by the Rule may result in an allegation being deemed admitted. Because of its rigid language, this Rule has been the subject of a burgeoning body of decisional law, primarily in the trial courts, addressing whether to rigidly enforce form over substance or to find a way to exercise fundamental fairness on a case-by case basis.

Rule 202.8-g, requires that, when moving for summary judgment, a "Statement of Material Facts" must be submitted as part of the moving papers. A response is required in the opposition papers. The Rule provides, in relevant part, as follows: