Thursday, April 30, 2020

New York Courts Expand Virtual Court Operations - Motion Practice is Back

Motion practice is back.

This afternoon Chief Administrative Judge Lawrence K. Marks released a memorandum detailing the expansion of virtual court operations. The most important change is the expansion of motion practice. Starting Monday, May 4, 2020, parties may file new motions and responsive papers to previously filed motions in all pending cases. Previously, motions were only permitted in emergency and/or essential matters.

For a summary of what has been operational up until this memorandum, see or previous blogs HERE and HERE.

Courts will continue to conduct virtual conferences on matters the court believe can be resolved, and judges are encouraged to refer cases to virtual alternative dispute resolution (ADR) centers.

This is yet another step closer to full virtual court operations, and it is a big one. Opening up motion practice means litigators can operate at 90% capacity if they make full use of virtual depositions and other electronic tools. The next step needed is permission to file new matters. A full copy of the April 30, 2020 memorandum can be found HERE.

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