Issue: 2022 Vol. 28 No. 3

2022 Amendments to the Uniform Rules for Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators

(West’s 2022 N.Y. Orders 1-7, 9-20; Adopted Rules on OCA website, at http://ww2.nycourts.gov/rules/comments/index.shtml; amended rules on appellate court websites) 22 NYCRR § Court Subject (Change) Link to Order Eff. Date 202.5(a)(2) Sup. Requires preparation of documents using computer software program AO-141-22.pdf (nysba.org) 7/1/22 202.6(b) Sup. Adds an application for change of sex designation https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/AO-009-22.pdf 2/1/22 … Continued

Message From the Chair

I am writing this column following our Section’s first events of the fall season. Our Fall Social Event was well attended, and a good time was had by all! It was great to see so many longtime Section members connecting with new members over food and drink in Manhattan in late September. This is the … Continued

Proposed Rules of Interest to Civil Litigators (2022)

(http://ww2.nycourts.gov/rules/comments/index.shtml) Note: The comment periods for the following proposed rules have expired, except as noted. Comments must be submitted to [email protected]. September 23, 2022: Request for Public Comment on Amending Commercial Division Rule 36 to Clarify the Courts’ Authority to Order Virtual Evidentiary Hearings and Bench Trials https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/RPC%20Rule%2036%209-23.pdf” RPC Rule 36 9-23.pdf (nycourts.gov) Email comments … Continued

International Litigation: Outbound Cross-Border Discovery—Focus on Hague Evidence Convention, Switzerland, Canada (Ontario), Netherlands, and England and Wales

The International Litigation Committee presented the second installment of its “Cross-Border Discovery” Continuing Legal Education series on June 7, 2022. The program discussed “outbound” cross-border discovery. In the scenario contemplated, parties to a proceeding in the United States seek to obtain evidence (documentary or testimonial) located in Switzerland, Canada (Ontario), the Netherlands, and England and … Continued

CPLR Amendments: 2022 Legislative Session

(2022 N.Y. Laws ch. 1-580) CPLR Chapter (Part) (Subpart, Item, §) Change Eff. Date 105(s-1) 346 Extends expiration date to 6/30/2023 6/30/22 214-b 506 Amends beginning of range of sevice dates from Feb. 28, 1961, to Nov. 1, 1955 8/17.22 214-h(1)(i) & (5) 566 Adds definition of “emerging contaminant”; adds statute of limitations on emerging … Continued