- Name of witnesses with knowledge of information material and necessary to the subject matter of the action;
- Computation of each category of damage alleged; and
- The existence, custodian, location and general description of material and necessary documents, including pertinent insurance agreements, and other physical evidence.
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Home » Case Reviews » Speed & Efficiency – The New Norm for Commercial Division Cases
Speed & Efficiency – The New Norm for Commercial Division Cases
With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal Courts, adding greater speed and efficiency to the litigation process.
In June 2012, Chief Judge Jonathan Lippman’s Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division, containing widespread suggestions including procedural reforms, revising the Commercial Division’s docket, proposals to facilitate early case resolution and suggestions to provide more support to Commercial Division Justices. Recently, some of the recommendations have been adopted, and many others are proposed, pending public comment. Below is an overview of the recently adopted or proposed Rules that will add greater speed and efficiency in adjudicating cases in the Commercial Division.
Accelerated Adjudication
On June 2, 2014, Rule 9 relating to the use of accelerated adjudication procedures in the Commercial Division becomes effective. Upon written consent of the parties, accelerated adjudication procedures will be applied, which would include truncated written discovery (with no more than seven interrogatories and five requests to admit), narrowly tailored electronic discovery, limited depositions, and other accelerated procedures.
Specifically, under the accelerated process, all pre-trial proceedings (including all discovery, pre-trial motions, and mandatory mediation) must be completed within nine months from the date of filing a Request for Judicial Intervention. In addition, the parties shall have deemed to waive the following: (1) objections based on lack of personal jurisdiction or forum non conveniens; (2) the right to trial by jury; (3) the right to recover punitive damages; (4) the right to interlocutory appeal; and (5) the right to discovery, except that specifically provided for in the Rule or as the parties otherwise agree. Similar to a choice of law provision in a contract, the parties may consent to the accelerated adjudication process at the time of entering into a contract by using specific language, such as:
Subject to the requirements for a case to be heard in the Commercial Division, the parties agree to submit to the exclusive jurisdiction of the Commercial Division, New York State Supreme Court, and the application of the Court’s accelerated procedures, in connection with any dispute, claim or controversy arising out of or relating to this agreement, or the breach, termination, enforcement or validity thereof.
Interrogatories
Likewise on June 2, 2014, Commercial Division Rule 11-a will become effective, which relates to the use of interrogatories in commercial cases. Under Rule 11-a, the number of interrogatories is limited to 25, including subparts, unless a different number is specified in the preliminary conference order. Additionally, the Rule further limits to the scope of interrogatories to the following:
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