Timing Is Everything: NY Commercial Division Updates Rule On Trial Length

On March 27, 2017, the Commercial Division of the New York Supreme Courts updated its rule on trial length, giving judges the express authorization to impose time limits, at their discretion, on different phases of trial. The goal of this amendment, first proposed by the Commercial Division Advisory Council in October 2016, is simple: to promote shorter, more efficient trials.

Currently, Rule 26 of Section 202.70(g) of the Uniform Civil Rules for the Supreme Court and the County Court calls for counsel to furnish the court with a "realistic estimate of the length of trial" at least ten days prior to trial. The amended rule keeps this language intact, but also gives the court discretion to ask counsel for even more detailed estimates regarding the number of hours that will be spent on witness examinations or argument. Based on these estimates, the court may then limit the total number of hours each side is allotted for the different phases of trial. The Advisory