New Uniform Rule 202.23 Staggered Court Appearances Here Are 12 Interesting New Developmentsġ. With their emphasis on efficient procedure designed to make predictable the costs of litigation, the new changes to the Uniform Rules should introduce the benefits of practicing in the Commercial Division to those matters that do not qualify for adjudication in the Commercial Division. To the extent that the Commercial Division Rules were based on federal court practice, this development represents the continued alignment of state and federal litigation practice. Judge Marks issued AO/270/2020, effective February 1, 2021, which amends the Uniform Civil Rules for the Supreme Court and the County Courts (the Uniform Rules) to incorporate, either in whole or in part, 29 current Commercial Division Rules. This proven success is about to roll out widely to the other trial courts in New York. In fact, Chief Administrative Judge Lawrence Marks states that “through the work of the Commercial Division Advisory Council-a committee of commercial practitioners, corporate in-house counsel and jurists devoted to the Division’s excellence-the Commercial Division has functioned as an incubator, becoming a recognized leader in court system innovation, and demonstrating an unparalleled creativity and flexibility in development of rules and practices.” See Administrative Order AO/270/2020 (AO/270/2020). Accordingly, the Commercial Division has become an efficient and effective tribunal that is highly sought after to adjudicate complex civil business disputes. From their creation in 1993, the New York State Supreme Court Commercial Division Rules have been developed and refined by judges and practitioners to pursue the twin goals of cost containment and fair adjudication.
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