United States · New York civil procedure
When is the Commercial Division discovery response letter due?
If the Part Rules are silent, Rule 14 requires an affected party or nonparty’s response letter within four business days after receiving the dispute letter.
- Period
- 4 working days
- Trigger
- Actual receipt of the qualifying Rule 14 dispute letter
- Rule
- 22 NYCRR 202.70(g), Rule 14
Current official court provision retained as a bounded extract. Reviewed. A revision label is not an inferred effective date.
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Which event starts the 22 NYCRR 202.70(g), Rule 14 requirement?
Read the actual Part Rules first. Establish that they are silent about disclosure disputes.
Retain the incoming letter and evidence of actual receipt, following the unsuccessful good-faith consultation.
Responsible actor. An affected opposing party or nonparty receiving the dispute letter. The Rule 14 letter procedure only, where the justice’s Part Rules do not address disclosure disputes.
22 NYCRR 202.70(g), Rule 14How are the four business days counted?
- Read the actual Part Rules first. Establish that they are silent about disclosure disputes.
- Retain the incoming letter and evidence of actual receipt, following the unsuccessful good-faith consultation.
- Exclude the receipt day and count four business days, omitting Saturdays, Sundays and statutory public holidays.
- Submit the responsive letter to the court within four business days. Limit it to three single-spaced pages and follow the actual submission instructions.
Exclude the receipt day and count four business days, omitting Saturdays, Sundays and statutory public holidays. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
22 NYCRR 202.70(g), Rule 14What does the independently derived example establish?
Fictitious example
The Rule 14 letter procedure only, where the justice’s Part Rules do not address disclosure disputes. Fictitious established facts. The Rule 14 letter procedure only, where the justice’s Part Rules do not address disclosure disputes.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Actual receipt of the qualifying Rule 14 dispute letter | September 1, 2026 |
| Disclosed statutory component | 4 working days | Tuesday, September 8, 2026 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- Part Rules
- Express Part Rules govern instead of this fallback procedure.
- Good-faith consultation
- The moving letter must state consultation or good cause why it did not occur.
- Later conference
- The court schedules a conference after the letters. The response date does not itself create a conference date.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- The Rule 14 letter procedure only, where the justice’s Part Rules do not address disclosure disputes.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about 22 NYCRR 202.70(g), Rule 14
When is the Commercial Division discovery response letter due?
Does the clock start when the moving lawyer writes the letter?
No. Rule 14 uses the affected recipient’s receipt.
22 NYCRR 202.70(g), Rule 14Do weekends count in the four days?
No. This rule expressly uses business days.
22 NYCRR 202.70(g), Rule 14Can an affected nonparty respond?
Yes. The response requirement expressly includes an affected opposing party or nonparty.
22 NYCRR 202.70(g), Rule 14Official procedural, counting and completion sources
Provisions used (7)
| Provision | Purpose |
|---|---|
| 22 NYCRR 202.70(g), Rule 14 | The particular actor, event, period and required act |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |