Starting July 7, 2025, litigants in New York’s Commercial Division will face a significant shift in their discovery obligations. Rule 11-h, recently adopted by the Chief Administrative Judge, introduces mandatory initial disclosures even when no discovery demand has been made.
This new rule brings New York’s Commercial Division closer in line with the federal rules of civil procedure and is designed to promote transparency, efficiency, and fairness early in litigation.
What’s Required?
Under Rule 11-h, each party must provide initial disclosures without waiting for a formal discovery request. These disclosures must include:
Witness Information
- The name and, if known, contact information (address and phone number) for each individual the party may use to support its claims or defenses, unless that person will be used solely for impeachment, along with a brief description of the expected testimony.
Document Production
- A copy of all documents, electronic records, or tangible items referred to but not attached in the pleadings.
Damages Computation
- A calculation of each category of damages claimed, with documents supporting those calculations.
When Are Disclosures Due?
Parties must serve these initial disclosures within 14 days after their pre-conference consultation required under Rule 8 of the Commercial Division Rules. The parties can agree to a different timeline, but absent such an agreement, the 14-day deadline applies.
What If a Party Isn’t Ready?
The new rule removes the excuse of being unprepared. A party cannot avoid disclosure by claiming it hasn’t completed its investigation. Moreover, the rule warns that failure to make good faith disclosures may lead to serious consequences, including the award of attorneys’ fees and costs to the other party.
Why It Matters
Rule 11-h reflects a broader push toward front-loading key information to streamline litigation, reduce gamesmanship, and encourage early resolution. Commercial litigants should take note and be prepared to meet these obligations promptly.
Questions or Concerns?
Contact us anytime!
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This Client Advisory is provided as a courtesy to the clients of Monaco Cooper Lamme & Carr, PLLC. It provides general information and is not intended as legal advice and does not create an attorney-client relationship between MCLC and the reader. Should the reader desire additional information about the content of this Advisory and/or its application, please contact us at MCLC at (518) 855-3535 or info@mclclaw.com.
