Sensitive to the backlog of commercial cases in the New York state courts, the Chief Administrative Judge has adopted a new rule to provide for the accelerated adjudication of commercial disputes in the Commercial Division of the Supreme Court. Provided the parties agree in writing to proceed in this expedited manner, this new rule is likely to significantly limit discovery, shorten the time line for resolution of disputes and reduce the attendant legal costs. The rule, promulgated by Administrative Order of the Chief Administrative Judge on April 17, 2014, as Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts (Rules of Practice for the Commercial Division), became effective on June 2, 2014.
This article describes the new rule, the manner in which it can be used, the restrictions on discovery, the agreed-upon mutual waiver of important traditional rights and protections, certain potential strategies that may come into play, and the implications on the commercial case.
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