New York Mandates Justification for Discovery Costs

Chief Administrative Judge Joseph A. Zayas issued an order requiring attorneys to justify cost-sharing requests in commercial litigation.

Updated on Oct. 23, 2026 in Remote Work

Bold flat-color editorial illustration of a geometric balance scale, evoking the structural transparency required in New York commercial litigation procedure. — New York Chief Administrative Judge Joseph A. Zayas issued a new order requiring commercial litigators to provide detailed justifications for all discovery cost-sharing requests. AI Illustration. Upload story photo >

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Should commercial litigators be required to justify discovery costs early in the legal process?

In October 2026, New York Chief Administrative Judge Joseph A. Zayas issued an administrative order requiring commercial litigators to justify requests for opposing counsel to fund discovery costs. Attorneys must now provide a clear basis and a good faith estimate for these expenditures.

Why it matters

The mandate aims to bring greater transparency and accountability to the discovery process in commercial cases. By requiring documentation of costs, the court seeks to ensure that financial demands made during litigation are substantiated and reasonable.

This administrative order mandates that litigators submit a formal basis and a good faith estimate for all discovery cost-sharing requests. The policy applies universally to commercial litigation cases falling under the jurisdiction of New York courts.

The players

Joseph A. Zayas

Joseph A. Zayas serves as the Chief Administrative Judge for the state of New York and oversees the administrative operations of the court system.

The details

The directive requires attorneys to explicitly detail the necessity of discovery cost-sharing requests when asking opposing parties for funding. This procedural change forces legal teams to document their financial projections during the discovery phase of commercial lawsuits.

October 2026: Chief Administrative Judge Joseph A. Zayas issued the administrative order.

Market Landscape

The order updates procedural expectations for practitioners operating under the established New York Civil Practice Law and Rules. This shift reinforces judicial oversight in commercial disputes by curtailing the potential for excessive or unsubstantiated litigation costs.

Clients involved in commercial litigation may see improved cost transparency as their legal teams are now required to justify and estimate discovery expenses. This policy change could potentially reduce frivolous financial demands during the discovery phase of legal disputes.

The takeaway

Transparency in legal billing and discovery costs is becoming a central focus for court administrators in New York. Parties should ensure their legal teams are prepared to provide detailed cost justifications during all active commercial litigation matters.