On December 19, 2025, Governor Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law, significantly reshaping third-party practice in New York State. Effective April 18, 2026, the Act imposes strict time limits on impleading third parties who may bear responsibility for all or some of the claims in a litigation, requiring defendants to identify and pursue potential third-party claims much earlier than previously required.
The New York State Court Rule (the “Rule”), 22 NYCRR 202.20-d, that governs entity depositions is intended to streamline the method for examining entities. Although it is similar to FRCP 30(b)(6), it is not entirely the same. The differences between the Rule and FRCP 30(b)(6), as well as the fact that there is minimal case law interpreting the Rule, will likely lead to some confusion for commercial entities - and their general counsel - that receive a notice or subpoena to testify at a deposition for a case pending in New York State court. This blog post provides a brief overview of what is required by such a notice or subpoena and the related rights that are afforded to the commercial entity.
Recent Updates
- Powerful Tool, but Not an Attorney: Massachusetts Court Rejects Work Product Protection for AI-Generated Documents
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- New York’s AVOID Act: Strict Deadlines for Third-Party Practice
- Watch: DOJ’s New Self-Disclosure Rules: Decide Fast or Lose the Credit – Speaking of Litigation