Attention to changes with court rules is essential, as they can alter litigation dynamics. The New York State Unified Court System’s new rule concerning amicus curiae briefs in the Commercial Division formalizes a uniform process for third-party input in high-stakes commercial disputes. The Unified Court System recently approved a rule, effective July 7, 2025, allowing non-parties to submit amicus curiae briefs in cases before the Commercial Division of the New York State Supreme Court. Historically, such briefs were permitted only at the discretion of individual judges. The new rule provides industries, trade associations, and other interested non-parties a more predictable and efficient opportunity to weigh in when cases raise issues of broad economic or regulatory impact.
The Impact of New Amicus Curiae Rule:
· Business stakeholders have the potential to participate in important cases at the trial level in which they are not a party. This rule opens the door for industry groups, competitors, or trade organizations supporting or challenging key business litigation through amicus curiae participation.
Greater visibility into high-impact litigation. Companies, claims professionals, and risk managers should expect that certain disputes in the Commercial Division may now receive broader scrutiny and influence from non-parties with aligned interests.
More strategic litigation planning. This rule adds a new consideration for parties in Commercial Division matters: amicus involvement. Litigants may benefit from supportive amici or face opposition backed by powerful industries or interest groups.
Efficiency and predictability. Supporters of the rule, including the Commercial Division Advisory Council, argue that a formal procedure enhances the court’s efficiency and encourages consistency across cases and counties.
New York’s Commercial Division strives to handle sophisticated, high-dollar disputes efficiently and cost-effectively. This rule will further that goal and allow interested non-parties to provide the Commercial Division with the practical implications of its rulings.
The rule is like the New York Court of Appeals’ amicus curiae application process, which requires amici to seek permission to submit an amicus curiae brief. You can read the rule here.
Many of our attorneys have successfully represented amici in high-profile and high-stakes cases. We understand how to craft persuasive amicus submissions that resonate with the court and support your broader litigation or industry goals.
If you believe a pending case may affect your business or industry, or if you are party to a case where amicus involvement could be beneficial, contact us to discuss a strategic approach.
