NY Mulls Codifying Power To Order Remote Commercial Trials

October 12, 2022 – Media Mention
Law360 Pulse

Scott E. Mollen, Herrick litigation partner and subcommittee member of the New York State Supreme Court Commercial Division Advisory Council, spoke to Law 360 Pulse about a recent proposal to amend Commercial Division Rule 36. This revision would clarify that New York commercial courts would no longer require consent from both parties to hold remote bench trials and evidentiary hearings.

The article noted that the majority of litigators believe this proposed change would assist in streamlining trials, which in turn elevates New York as a preferred legal venue for commercial disputes. Scott agreed, "We expect extremely strong support for this proposal. The overall impact is that people throughout the country and throughout the world will recognize that New York State is one of the best places to handle their commercial litigation needs."

"We are not saying that a virtual process provides the exact same benefits that an in person hearing and trial would provide," Scott added. "However, the due process requirements are that a trial or hearing be fair, not necessarily perfect," Scott concluded. 

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