Nonessential New York State Court Litigation Put on Hold in Response to COVID-19

On March 22, 2020, New York’s Chief Administrative Judge of the Courts issued Administrative Order AO/78/20 providing that, until further notice, no filings―paper or electronic―would be accepted by New York courts, except in “essential matters.” This order prohibits any new cases from being filed―and any open cases from going forward―unless they fit the narrow list of “essential matters” annexed to the Administrative Order. This means that, absent a compelling showing of a need for emergency relief such as an injunction, routine business litigations―including breach of contract, employment disputes, corporate disputes, etc.―are on hold indefinitely. The court system has since clarified that, consistent with a prior Administrative Order, discovery can continue in ongoing cases where the parties agree that the discovery will not present any health concerns.

To read the full text of this Duane Morris Alert, please visit the firm website.

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