Opportunity to Comment on Two Proposed Changes to Commercial Division Rules

The Office of Court Administration has asked for public comment on two proposed changes to the rules of the Commercial Division.

The first proposed new rule would

require a party wishing to depose an entity on particular matters to enumerate those matters with reasonable particularity in its notice or subpoena. The party being deposed would then be required to designate a representative able to offer testimony on the specified topics. The new rule is intended to promote a more efficient process for deposition of entity representatives and reduce the likelihood of a mismatch between the information sought and the witness produced.

The proposed new rule also would

clarify that the seven hour presumptive durational limit applies cumulatively across all entity witnesses tendered by that entity. The proposal recognizes that the complexity of entity depositions may often warrant enlargement of the seven hour limit and explicitly provides that the limit may be enlarged by agreement of the parties or application to the court, which shall be freely granted.

E-mail comments on this proposal to rulecomments@nycourts.gov by June 5, 2015.

The second proposed new rule would amend the Preamble to the Rules of the Commercial Division (22 NYC RR § 202. 70[g]) confirming that the Division is mindful of the need to encourage proportionality in discovery.

E-mail comments on this proposal to rulecomments@nycourts.gov by June 8, 2015.