Statewide Administrative Order Regarding Civil Litigation and Civil Discovery

Keywords: Unified Court System, New York, Courts, Civil Litigation, Civil Discovery, Hon. Lawrence Marks

Pursuant to the authority vested in me, I hereby promulgate the following protocols to mitigate the adverse effects of the COYID-19 outbreak upon the practice of civil litigation before the courts of the Unified Court System, effective immediately:

  1. Civil Litigation Generally: The prosecution of pending civil matters (including
    discovery) in a manner that requires in-person appearances or travel, or otherwise
    requires actions inconsistent with prevailing health and safety directives relating to the coronavirus health emergency, is strongly discouraged.
  2. Civil Discovery Generally: 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 coronavirus health emergency, the parties shall use best efforts to postpone proceedings by agreement and stipulation for a period not to exceed 90 days. Absent such agreement, the proceedings shall be deferred until such 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 relating to the coronavirus public health emergency.

Hon. Lawrence K. Marks
Chief Administrative Judge of the Courts