Commercial Division Rules Updated to Add Technology Cases to List of Cases Eligible for Commercial Division and to Remind Counsel About Use of Referees

On February 14, 2024, the Chief Administrative Judge of the Courts signed an administrative order (i) adding technology transactions and commercial disputes involving or arising out of technology to the list of cases that can be brought in the Commercial Division, and (ii) adding a new Rule 9-b reminding counsel of the ability to consent to the use of referees.

Specifically, the administrative order amends section 202.70(b)(1) of the Uniform Rules for the Supreme and County Court by adding to the list of cases that can be brought in the Commercial Division "technology transactions and/or commercial disputes involving or arising out of technology."

The administrative order also adds a new Rule 9-b, titled "Referees," which states: "Counsel should be aware that in accordance with CPLR 4301 and 4317(a), on consent of the parties, and with the agreement of the Court, any person may be appointed by the Court to act in place of the assigned Supreme Court Justice, to determine any or all issues or to perform any act, with all the powers of the Supreme Court."

These amendments were effective as of the date of this administrative order (Feb. 14, 2024).

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning these recent changes to the Commercial Division Rules.