Revised New York Court Rule for Submitting Confidential Documents in Commercial Litigation in NY

New changes in how New York Court’s Commercial Division will have litigant file confidential documents submitted takes effect today.  The changes are part of an amendment to the division’s Standard Form of Confidentiality Order that establishes a more formal process for submitting confidential documents in an e-filed case in New York.

Litigants in counties with mandatory e-filing (like New York County) will be able to file redacted versions of the confidential documents, but then must move to seal the documents within seven days or they will be required to take steps to replace the redacted filings with un-redacted versions.

Previously, litigants could file confidential documents as hard copies with a motion to seal, or sidestep the process of obtaining a formal motion to seal and submit papers directly to the assigned judge’s chambers without filing them. This created problems for New York appeals because without a proper motion on file, the appellate record would not include the confidential documents.

If your New York business is involved in commercial litigation, or is contemplating commercial litigation, make sure your attorney is aware of these new rules so that your confidential information remains confidential.

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