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New York Re-Opens the Doors for New Lawsuits
May 21, 2020
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Following Gov. Cuomo's Executive Order back in March -- which feels like ages ago - new lawsuits were barred in New York on non-essential matters.
But as per <a href="https://www.wcmlaw.com/wp-content/uploads/2020/05/J.-Marks-5.20.20.pdf">J. Marks newly issued order on May 20, 2020,</a> starting after Memorial Day, new lawsuits on "non-essential matters" may be filed again. We have been privy to many discussions among attorneys in recent weeks, to wit, the longer the Courts delay the re-opening of E-filing, the bigger the deluge of new lawsuits will eventually become. The Court system has apparently been having similar discussions internally, and has opted to re-open e-filing starting May 26, 2020.
Therefore, as of this coming week, E-filing of new pleadings and motion practice on existing claims, may proceed as per "usual." Filing deadlines are still stayed, per Gov. Cuomo's executive order, <a href="https://www.wcmlaw.com/wp-content/uploads/2020/05/EO_202.29.pdf">until June 7, 2020</a>. There is no word yet on whether that date will be extended again, since J. Marks' order only applies to E-filed cases. We will keep tabs on any updates from Gov. Cuomo.
Realistically, we do not envision in-person jury trials taking place in New York City for the remainder of 2020. Some creative, outside-the-box thinking may be in order. In early March, the idea of remote depositions, examinations under oath, and mediations seemed like foreign concepts. Since that time, many of us have become more comfortable with remote practice, which we expect will continue at least in the short term. Who knows what other remote, fact-finding tools may become useful? Please email <a href="mailto:BGibbons@wcmlaw.com">Brian Gibbons</a> with any questions.