On October 8, 2026, the Office of Court Administration issued a revised Commercial Division Rule 14, expanding the requirements for raising discovery disputes in the Commercial Division.
The Office of Court Administration’s memorandum supporting the rule change summarized the changes as follows:
Paragraph 14(a) would be amended to adopt language from Section 202.20-f regarding the desirability of resolving discovery disputes informally, while continuing the authority of individual judges to provide their own unique procedures;
Paragraph 14(b) would be amended to: (i) require “thorough, good faith” efforts to “resolve or narrow'” the dispute; (ii) eliminate references to “telephone” consultations; (iii) require details regarding the date, time, manner and participants in the consultation, as well as whether the parties discussed “cost-shifting, proportionality or alternative methods” that might
resolve the dispute; and (iv) provide an exception for “exigent circumstances” in case there is a need to proceed directly to the court without prior consultation.Paragraph 14( c) would be amended to provide that after the submission of letters, the court must schedule a conference (which may be conducted by non-judicial personnel), and provides that the court may enter an appropriate order following the conference, or may provide for the filing of a formal motion.
Paragraph 14(d) would be amended to delete the provision that a formal motion may be made where counsel desire a record, and to authorize the denial or delay of a motion if counsel fail to comply with the provisions of Rule 14.