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ARTICLE · 23 APRIL 2025

Commercial Division Moves Towards Adopting Additional Initial Disclosure Requirements

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While the Commercial Division Rules are closer to the Federal Rules of Civil Procedure than any other set of court rules in New York (including the base requirements of the CPLR)...

United StatesLitigation, Mediation & Arbitration
Joshua Schlenger
Joshua Schlenger
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While the Commercial Division Rules are closer to the Federal Rules of Civil Procedure than any other set of court rules in New York (including the base requirements of the CPLR), they are far from identical. One area where the Federal Rules and the Commercial Division Rules differ is that the former contain copious initial disclosure requirements, requiring parties to exchange basic discovery at the outset of a case without awaiting a request, while the latter do not.

That may not be the case for much longer. On February 7, 2025, the Administrative Board of the New York Courts issued a request for public comment on a proposal recommended by the Commercial Division Advisory Council (CDAC) to amend Commercial Division Rule 11 "to automatically exchange certain delineated categories of discovery at the outset of any litigation pending before the Commercial Division." The CDAC's memorandum in support of the proposal highlights the success of the initial disclosure

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