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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

March 20, 2020

COVID-19 Update: NYS Courts Announce Further Reduction in Court Activity and Relaxation of Discovery Schedules

As an update to our prior alert, the NYS courts have announced new protocols to mitigate the adverse effects of the COVID-19 emergency, effective immediately:

Civil Litigation

All in-person appearances, travel, and other actions inconsistent with current health and safety guidelines in the prosecution of a civil matter are strongly discouraged.

Civil Discovery

  • Parties are directed to use their best efforts to agree to a postponement, not to exceed 90 days, where a party, attorney, or other person is unable to meet discovery or other litigation schedules (including dispositive motion deadlines) for reasons related to the COVID-19 emergency.
  • Absent an agreement, the proceedings will be deferred until a later date when the court can review the matter and issue appropriate directives.
  • In no event will participants in civil litigation be penalized if discovery compliance is delayed for reasons related to the COVID-19 emergency.

Additional information is available on the various court websites.

If you have any questions regarding the content of this alert, please contact Ryan Altieri, associate, at raltieri@barclaydamon.com or another member of the firm’s Torts & Products Liability Defense Practice Area.

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