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New Commercial Division Rule Allows Direct Testimony by Affidavit in Bench Trial
- Client News
- October 4, 2016
A new Rule of Practice for the Commercial Division of the New York State Supreme Court is going into effect. The new Rule 32-a permits judges in the Commercial Division to require that direct testimony of a witness under a party's control be submitted in affidavit form in a bench trial. The rule does not affect the opposing party's right to cross-examine the witness live, nor the proponent's right to re-direct the witness. The new rule allows (but does not mandate) a practice that is widely used by federal district judges in the Southern District of New York and elsewhere and is intended to promote the efficient use of trial time for parties and the court. Litigation partner Elizabeth Sacksteder, a Commercial Division Advisory Council member, led the Council's advocacy of the new rule, which the Chief Administrative Judge adopted by administrative order on September 20.