Rule 6 Amendment Increases the Font Size of Footnotes and Requires Hyperlinking to the NYSECF Docket

On September 29, 2020, Chief Administrative Judge Marks amended Commercial Division Rule 6 to increase the font size of footnotes in briefs and affidavits from 10-point to 12-point.  Additionally, it requires the use of a proportionally spaced serif typeface (e.g., Times New Roman, Baskerville, New Century Schoolbook) in all papers filed with the Court.  With Commercial Division Rule 17 establishing a word limit rather than a page limit, increasing the font size of footnotes will have no impact on the length of briefs.  Instead, a larger font size coupled with a proportionally spaced serif typeface will enhance readability and improve comprehension of long passages of text.

The new Rule 6 adds a requirement that each electronically submitted document that cites to a previously filed document using NYSECF include a hyperlink to the NYSECF docket entry. This new requirement does not apply to documents filed under seal or otherwise not in the public record.  Practitioners should note that hyperlinking to a NYSCEF entry does not make the hyperlinked part of an appellate record if the matter goes up on appeal. The Rule also authorizes Commercial Division Judges to require hyperlinking to other documents, such as statutes and court decisions.

This new Rule will take effect November 16, 2020. 

By Michael Farinacci and Muhammad U. Faridi