Administrative Board Of Courts Seeking Public Comment On Proposal To Amend Commercial Division Rule 11

Posted: February 24, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Category Commercial

Administrative Board Of Courts Seeking Public Comment On Proposal To Amend Commercial Division Rule 11

The Administrative Board of Courts is seeking public comment on a proposal recommended by the Commercial Division Advisory Council to Amend Rule 11 of the Rules of the Commercial Division Supreme Court to require parties to automatically exchange certain delineated categories of discovery at the outset of any litigation pending in the Commercial Division. Inter alia, the proposal would require the following initial disclosures:

(1) Initial Disclosures.

(A) In General. Except as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:

(i) the name and, if known, the address and telephone number of each individual that the disclosing party intends to use to support its claims or defenses, unless such use is solely for impeachment, together with a brief description of the information expected to be elicited from such individual;

(ii) a copy of all documents, electronically stored information, or other tangible things referred to in the pleadings unless they are attached to the pleadings;

(iii) a computation of each category of damages claimed by the disclosing party.

Anyone wishing to comment should e-mail their submissions to rulecomments@nycourts.gov or write to: David Nocenti, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 10th Fl., New York, New York, 10004.

Comments must be received no later than Friday, March 28, 2025.