The Commercial Division Advisory Council has released two proposed rule amendments for public comment — one requiring greater transparency in discovery cost-shifting requests, and another mandating pinpoint citations in Commercial Division filings.
Proposal No. 1: Transparency for Discovery Cost-Shifting Requests
The first proposal would add a new Commercial Division Rule 14-b addressing requests for cost shifting in discovery disputes. The proposed text provides:
Rule 14-b. Discovery Cost Shifting. If a party requests cost shifting in connection with a discovery dispute, the party’s motion or response should state the basis for the request and include a good-faith estimate of the amount of costs to be shifted, including an explanation of how that estimate was determined.
