Kevin Schlosser Authors Official Comments of the Commercial Litigation Committee of the NCBA

Kevin Schlosser, Chair of the Litigation and Dispute Resolution Department of Meyer, Suozzi, English & Klein, P.C., has authored the Official Comments of the Commercial Litigation Committee of the Nassau County Bar Association opposing a proposed new rule of the Commercial Division of the Supreme Court of the State of New York “that would establish a presumptive limit of 10 depositions for each side and limit the duration of depositions to seven hours per witness.” The Official Comments can be viewed here.

The Committee opposes the presumptive limit of seven hours on the duration of depositions in cases pending in the Commercial Division based upon four fundamental points: (1) the lack of legal authority to impose arbitrary restrictions on the duration of depositions in the absence of amending the CPLR; (2) the absence of any demonstrative need for the presumptive limits; (3) the likely counterproductive effects of the proposed rule -- such as limiting the ability to facilitate settlement of cases prior to trial as well as making trials, where necessary, more efficient and focused; and (4) the risk of creating new causes for disputes over the duration of depositions in the absence of unanimous party consent. Each of these factors is elaborated upon in the Committee’s Official Comments.