NY Rule Paves Way For Remote Trials In Commercial Disputes

By Marco Poggio (October 29, 2021, 4:30 PM EDT) -- Even before the COVID-19 pandemic hit, commercial litigators in New York were supportive of using virtual technology in court proceedings. Court administrators, starting with Chief Judge Janet DiFiore, were on their side.

Then came the lockdowns. Remote technology became the only way to conduct hearings and trials. That model may soon become the norm in commercial litigation in state court, as a rule promulgated last week goes into effect on Dec. 13.

On Oct. 19, Chief Administrative Judge Lawrence K. Marks signed off on the directive — Rule 36 — which gives litigants who consent to it the option to participate...

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