On April 23, 2025, Matt Donovan and Viktoriya Liberchuk moderated a panel featuring Westchester Commercial Division Justices Linda S. Jamieson and Gretchen Walsh. The “town-hall” event covered a wide range of topics, including motion practice, artificial intelligence in legal proceedings, alternative dispute resolution, and trial procedures, to name just a few.

Below are some of the evening’s highlights:

Professionalism in the Courtroom

The Justices both stressed the significance of upholding professionalism and maintaining a respectful atmosphere in the courtroom. Justice Jamieson specifically underscored the necessity for courteous behavior. They expressed a shared annoyance with lawyers who interrupt each other or engage in contentious exchanges, instead of communicating with the court in a respectful manner. As for the dress code, Justices are noting a bit of a post-COVID trend that is, shall we say, less than sartorial.

Summary Judgment & Rule 19-a Statements

Under Commercial Division Rule 19-a, when a motion for summary judgment is filed, the Court may direct the filing of “a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.”

Justice Jamieson and Justice Walsh agreed on the significance of Rule 19-a statements, describing them as an essential tool for clarifying the relevant facts and narrowing the key issues in a case. Both Justices require Rule 19-a statements in their individual Part Rules. They highlighted that the Rule 19-a statements serve as a roadmap for the court, streamlining the decision-making process. Both Justices stressed the importance of citing to the record, emphasizing that well-supported references not only enhance the accuracy of the facts presented but also allow the court to easily verify the information.

Resolving Disputes through ADR

The Justices frequently encourage the parties early and often to participate in the Commercial Division’s ADR Program. This is because both Justices believe in the benefits of the ADR Program, which aims to resolve disputes at the outset of the litigation. Justice Jamieson highlighted the unique advantages of mediation, emphasizing that mediators can take a more flexible and creative approach to resolving disputes—an approach that judges, bound by legal constraints, cannot always use.

Temporary Restraining Orders

The Commercial Division in Westchester does not follow a defined process for handling Temporary Restraining Orders. However, both Justice Jamieson and Justice Walsh have expressed a preference for being notified well in advance. Justice Jamieson recommends that parties call her chambers to provide notice of an impending TRO application, while Justice Walsh prefers that parties send a letter to her chambers. Moreover, as a reminder, under 22 NYCRR § 202.8-e “the applicant must give notice of the time, date and place that the [TRO] application will be made in a manner, and provide copies of all supporting papers, to the opposing parties sufficiently in advance.”

Remote vs. In-Person Appearances

Although Justice Jamieson and Justice Walsh both permit remote court appearances, they generally prefer when lawyers (and even their clients) appear in person. Justice Jamieson finds that in-person appearances let her familiarize herself with the main parties involved and gives her a chance to resolve the case. Justice Walsh typically requires in-person appearances for Orders to Show Cause and trial-related proceedings but frequently conducts preliminary conferences virtually. Justice Jamieson, by contrast, holds most appearances in person.

Artificial Intelligence

The Justices expressed a cautious but open-minded view on the role of artificial intelligence in the courtroom. They recognized the potential benefits of AI in specific scenarios, but also voiced substantial worries about its impact, especially in regards to privacy and matters of evidence. They expressed concern over the admission of deepfakes as a form of evidence. Moreover, the Justices expressed concerns that overreliance on AI may affect the writing skills of junior attorneys. Notably, neither Justice has incorporated AI into their courtroom practices.

Junior and/or Underrepresented Attorneys

Justice Jamieson and Justice Walsh have expressed strong support for the active involvement of junior or underrepresented attorneys in courtroom proceedings. Both Justices allow multiple attorneys to argue a motion or examine witnesses at trial when doing so offers such attorneys with an opportunity to appear and speak in court. This practice helps strengthen their advocacy skills and provides valuable experience.

Notably, Justice Walsh’s Commercial Division Part Rules permit parties to request oral argument if they indicate that the motion will be argued—either in whole or in part—by an attorney who either (1) promotes diversity within the legal profession or (2) has been admitted to practice for less than five years.

This event offered a valuable opportunity to gain deeper insight into the practices of the Westchester Commercial Division Justices. We extend our sincere gratitude to the Judges—there is no better way to understand their expectations than by hearing directly from them.