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.