COVID-19 has ushered in a new era for litigation in the Commercial Division. Here are the key developments litigants should be aware of.
Remote Appearances and No Paper Copies
In May 2020, e-filing in the Commercial Division resumed in earnest, with a few important differences from the status quo ante:
- Most, if not all, appearances in the Commercial Division are proceeding remotely via Microsoft Teams. While the Commercial Division encourages parties to conduct virtual evidentiary hearings and non-jury trials, in-person jury trials will resume on March 22, 2021.
- Per Administrative Order AO/267/20, paper copies of motions and other documents in e-filed cases are not required in the Commercial Division until further notice. Several Commercial Division Justices in New York County, including Justice Schecter, Justice Masley, and Justice Ostrager, have updated their individual rules to note that working copies are no longer required.
- Foreclosure proceedings and eviction proceedings continue to be subject to restrictions and modified procedures pursuant to various statutes, Executive Orders, and/or Administrative Orders from the Court.