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78-537: The Superior Court has jurisdiction in the following matters: The Superior Court has a specialized business and commercial court program, the Business and Commercial Dispute Docket (BCD). Parties must consent to the BCD's jurisdiction , and the BCD's specialized jurisdiction is limited further to listed case types of a business or commercial nature, with a more than $ 50,000 amount in controversy at issue. BCD cases are subject to

156-521: A court of appeal or court of appeals . Both terms are used in the United States, but the plural form is more common in American English , while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when

234-783: A Business Litigation Resource Committee. Arizona's Supreme Court created the Commercial Court Review Committee. Iowa's State Court Administration has made annual reviews of the Iowa Business Specialty Court . Tennessee's Supreme Court created a Business Court Docket Advisory Commission. The North Carolina Administrative Office of the Courts submits annual reports on the North Carolina Business Court. West Virginia's Business Court Division makes annual reports. Wisconsin's Supreme Court created

312-578: A Task Force on Courts. Other examples of states creating task forces to study and make recommendations concerning the implementation of business courts include, among others, Indiana, Michigan, West Virginia, Arizona, Georgia, Iowa, New Jersey, Ohio, Delaware, Mississippi (no court created), Texas, and Oklahoma (May 2024). Other groups have studied and reported on operations and practices in functioning business and commercial courts, to provide information and/or recommendations. Massachusetts, Superior Court Chief Justice Suzanne V. DelVecchio created

390-657: A business court, but did not pursue it, and the Denver District Court later experimented for three years with a business court, known as the Civil Access Pilot Project. Orlando's business court was restored in October 2019, after an earlier funding shortage. In 2015, New Jersey's Supreme Court created a statewide Complex Business Litigation Program after having only a few counties with business courts before that. In 2009, Milwaukee 's Circuit Court ended

468-547: A court annexed mediation program. The program's first judge, Richard B. McNamara , served this business court docket for 11 years. In Grafton , Rockingham and Sullivan Counties, the Family Division has jurisdiction over divorce, custody/support and domestic violence cases. The Superior Court has one Chief Justice of the Superior Court and up to 28 associate justices. Currently, 26 justices sitting in 11 locations in

546-945: A current officer of the ACBCJ (as of May 2024), has spoken at its judicial education programs, and participated in its first meeting in 2005. Business and Commercial courts exist internationally as well. Commercial courts outside the United States may have broader or narrower jurisdiction than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction; and jurisdiction may vary between countries. Examples exist in England and Wales , Toronto , Montreal , Quebec , and Alberta , Canada , Ireland , Scotland , Denmark , Hong Kong , Belgium , Bermuda , Queensland and Victoria ( Commercial Court ), Australia , New Zealand (Commercial Panel), Northern Ireland , Spain , in France (where

624-596: A defined list of case types (ii) combined with a specified minimum amount of damages in controversy , irrespective of complexity. In New York , for example, the trial level Supreme Court Commercial Division follows the case type and jurisdictional amount in controversy model, giving jurisdiction over 12 listed business and commercial case categories while setting out monetary thresholds ranging from $ 50,000 in some counties to $ 500,000 in Manhattan. The Massachusetts Superior Court 's Business Litigation Session (BLS) includes

702-618: A forum for adjudicating disputes between parties from different nations, and not as a means to reference commercial courts in a country other than the United States. New English language commercial courts have been created in Paris , Frankfurt , the Netherlands , Stuttgart and Mannheim , Germany , Singapore , Abu Dhabi , Qatar , and Dubai (the DIFC Courts ), Kazakhstan (Astana International Financial Center) , and Bahrain . This reflects

780-415: A judge to more subjectively determine if they are complex enough to include on the docket. North Carolina's Business Court has a similar mixed model that makes jurisdiction mandatory if the listed commercial case type is over $ 5,000,000, but discretionary if under, as well as a seldom used rule allowing judicial discretion. The modern creation of specialized Business Courts in the United States began in

858-776: A jurisdictional list of case types, but instead of focusing on monetary thresholds as a gatekeeping mechanism, cases are included only where "the BLS in the sound discretion of the BLS Administrative Justice, based principally on the complexity of the case and the need for substantial case management," selects a case for inclusion. There are mixed models as well, with some mandatory case type categories specifically listed, and other discretionary types requiring an element of complexity. The Maryland Circuit Court 's Business and Technology Case Management Program includes certain "presumptive" mandatory case types, while others categories require

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936-533: A little used business court program, but Wisconsin's Supreme Court implemented a business court pilot program in 2017 which has expanded to a number of circuit courts and judicial districts, which project has now been ended as of October 2024. In May 2024, Oklahoma enacted a law creating a task force to study business courts. The Hamilton County, Ohio Court of Common Pleas in Cincinnati discontinued its Commercial Docket in 2017, but revived it in 2024. There

1014-465: A majority of the council agrees. All judicial officers hold their offices during "good behavior," according to Part II, Article 73 of the state constitution. Part II Article 78 of the state constitution requires Judges retire at the age of seventy years. Under RSA 491:1 , the Chief Justice is appointed to a five-year term and is not prohibited from being reappointed to another term. The salaries of

1092-572: A mix of UK parties and international parties. There is a view that the more recently created commercial courts designed to hear disputes between parties of different nations will compete with the London based commercial courts as the preferred litigation forum for international commercial disputes. In 2017, New York's Commercial Division added a "Large Complex Case List," modeled on the Business and Property Courts' Financial List for high stakes commercial litigation, as part of an overall effort to compete with

1170-556: A private consulting firm's study to create a business court in Atlanta (Fulton County Superior Court); and a good government organization (The Committee of Seventy ) study of Philadelphia's Commerce Case Management Program. The NCSC, working with the Tennessee Administrative Office of the Courts, also has developed a curriculum and faculty guide for creating business courts. The American College of Business Court Judges

1248-1264: A rich history with noteworthy milestones." Some states have established specialized business and commercial courts that include technology disputes as part of their express jurisdiction. Through legislative effort and court rule, in 2003, Maryland established a Business and Technology Case Management Program. In May 2003, Delaware expanded the Court of Chancery's jurisdiction to include technology disputes. West Virginia's Business Court Division Rules includes technology issues. The Tennessee's Business Court Docket encompasses technology and biotechnology licensing. North Carolina's Business Court jurisdiction includes computer software, information technology and systems, data and data system security, biotechnology and bioscience technology. Michigan's business court jurisdiction includes disputes "involving information technology, software, or website development, maintenance, or hosting...." Wyoming Chancery Court Rules provide jurisdiction over disputes concerning registered digital assets. New York's Commercial Division Rule were amended in 2024 to expressly include "technology transactions and/or commercial disputes involving or arising out of technology". This amendment

1326-554: A trial level Business Court and an appellate business court, the Fifteenth Court of Appeals. These courts have been open for cases since September 1, 2024. In August 2024, the Texas Supreme Court rejected a constitutional challenge to the appellate business court's creation. While Wisconsin still has the remnant of a business court as of October 2024, by a 4-3 vote its Supreme Court issued an order on October 7, 2024, ending

1404-401: Is a distinct type of specialized civil litigation docket designed to handle complex litigation, often referred to as complex civil litigation programs or complex civil litigation courts. At least California , Connecticut , Oregon , and Minnesota courts have created specialized dockets for complex civil litigation within their civil trial courts. These programs define jurisdiction through

1482-524: Is a past president of the American College of Business Court Judges (ACBCJ), and a number of California's complex litigation judges (including judge Elihu Berle ), and Minnesota complex litigation judge Jerome B. Abrams , have served as Business Court Representatives to the American Bar Association 's Section of Business Law. Abrams is a 2023-2024 vice president of the ACBCJ. Berle is also

1560-429: Is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal . In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews

1638-573: Is headed by the Chief Justice of the Superior Court which is responsible for the administration of the court. The chief justice also recommends marital masters to be nominated and appointed by the governor and council. Part II, Article 46 of the state constitution , states all judicial officers shall be nominated and appointed by the Governor and Executive Council . It also states that such nominations shall be made at least three days prior to such appointment and no such appointment shall take place unless

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1716-833: Is intended to make clear that New York is as experienced in handling technology as any other state's courts. There are also examples of international courts expressly addressing technology disputes as part of their jurisdiction. Singapore's International Commercial Court includes a Technology, Infrastructure, and Construction List. The Commercial Court within Ireland's High Court has an the Intellectual Property and Technology division. The Victoria, Australia Commercial Court expressly includes jurisdiction over "Proceedings relating to technology, engineering and/or construction...." The DIFC Courts Technology and Construction Division has jurisdiction over, among other things, "claims relating to

1794-491: Is well recognized, both in seeing business courts as a competitor forum with arbitration, and in using ADR as a complementary adjunct to the litigation process. Thus, for example, New York Commercial Division Rule 3 allows for court appointed mediators and neutral evaluators, Philadelphia's Commerce Case Management Program created an alternative dispute resolution program using Judges Pro Tempore in mandated settlement conferences, and discretionary referrals to private mediation,

1872-544: Is when the first modern business court programs began in the United States. The list does not include Chancellors and Vice-Chancellors from the Delaware Court of Chancery, which has been a pre-eminent business court for over a century, and whose judges have held an important place as business court judges over that time. Appellate court An appellate court , commonly called a court of appeal(s) , appeal court , court of second instance or second instance court ,

1950-511: The Georgia State-wide Business Court , Delaware 's Superior Court and Court of Chancery , Nashville , Tennessee , Indiana , Phoenix , Arizona , Kentucky , South Carolina , West Virginia , and Wyoming , as well as Utah and Texas . In 2023, Utah adopted legislation creating a statewide Business and Chancery Court , which became operational on October 1, 2024. In 2023, Texas' governor signed legislation creating

2028-732: The Rolls Building , encompass 13 different courts or lists, for example, the Commercial Court, the Business List, and the Intellectual Property Enterprise Court . One object of creating this consolidated forum for the business and commercial courts of England and Wales was to maintain the international preeminence of their courts for dispute resolution. In 2023, 40% of London 's Commercial Court cases involved opposing parties from different nations, and 64% involved

2106-701: The Supreme Court . The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila , with three divisions each in Cebu City and Cagayan de Oro . Other appellate courts include the Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to

2184-624: The Supreme Court . The Court of Appeal of Sri Lanka, located in Colombo , is the second senior court in the Sri Lankan legal system . In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before

2262-530: The Uniform commercial code , complex contracts, intellectual property, and business torts), Minnesota (ownership or control of businesses cases), and Lane County, Oregon's Commercial Court that expressly includes within its jurisdiction both commercial and non-commercial complex cases. The San Francisco Superior court complex civil litigation program helps deal with business litigation in that court. Former Orange County Complex Litigation Program judge Gail A. Andler

2340-676: The United States Court of Appeals for the Seventh Circuit , and the Delaware Supreme Court . Retired Seventh Circuit Judge Richard Posner wrote that in the nineteenth century and well into the twentieth century, "t]he New York Court of Appeals was the nation's premier commercial court." The United States Court of Appeals for the Second Circuit has been similarly described as "the country's leading commercial court during

2418-617: The 10 counties. All counties have one courthouse except for Hillsborough County which has two. Each court is known by the county which it is located. For example: the superior court located in Rockingham County is known as the "Rockingham Superior Court." The two Hillsborough superior courts are known as "Hillsborough Superior Court North" (located in Manchester ) and "Hillsborough Superior Court South" (located in Nashua ). The Superior Court

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2496-579: The 1940s and 1950s...." India's Commercial Courts law includes provisions for specialized commercial appellate divisions. There is a Netherland's Commercial Court of Appeals, and Enterprise Chamber of the Amsterdam Court of Appeals. Singapore's International Commercial Court is designated to hear appeals from Bahrain's International Commercial Court. The significant relationship between business courts and alternative dispute resolution (ADR), such as mediation , neutral evaluation, and arbitration ,

2574-732: The Business Courts Advisory Committee. In 2023, Utah's Supreme Court created an Advisory Committee on the Rules of Business and Chancery Procedure. Some councils and committees take an active role in business courts' ongoing operations. In 2013, New York Court of Appeals Chief Judge Jonathan Lippman established the New York Commercial Division Advisory Council (CDAC) to implement an earlier task force's recommendations. The CDAC "is composed of distinguished commercial practitioners and Judges from around

2652-908: The Business Law Section's Business and Corporate Litigation Committee; the development of a Business Court Representatives Program; and a clerkship program placing law students with business court judges for summer clerkships. The Business Law Section's Judges Initiative Committee was inspired by North Carolina Business Court Judge Ben F. Tennille (as was the Business Court Representatives Program), who served as its first judicial co-chair. South Carolina Business Court Judge Clifton Newman , Michigan Business Court Judge Christopher P. Yates , and New York Commercial Division Judge Timothy S. Driscoll have also served as Judges Initiative Committee co-chairs. Private entities have also carried out implementation or operational studies at

2730-499: The Commercial Docket statewide. The Kentucky Bar Association 's Business Law Section put on early programming about Kentucky's newly established business court. The American Bar Association has a long history in supporting the development of business courts, including, among other things, the creation of an Ad Hoc Committee on Business Courts in the 1990s, which evolved into the permanent Business Courts Subcommittee within

2808-553: The Complex Business Litigation Division and International Commercial Arbitration Court judges. Following is a non-exhaustive list of business court judges serving over a period of years in U.S. business and commercial courts, in and after 1993, and/or identifying many judges who were pioneers on their bench and/or have had an impact beyond their bench, such as participation in the American College of Business Court Judges (ACBCJ) or American Bar Association. 1993

2886-775: The Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors (renamed the Kentucky Supreme Court ), and the Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi ). In some jurisdictions, a court able to hear appeals is known as an appellate division . The phrase "court of appeals" most often refers to intermediate appellate courts. However,

2964-903: The DIFC Courts' "Court Users Committee" and Rules Committee, Scotland's Consultive Committee on Commercial Actions, the Singapore International Commercial Courts Committee, Rwanda's Business Law Reform Cell, and Kenya's Business Court Users Committee. Bar associations are also involved. The Philadelphia Bar Association's Business Litigation Committee plays a role in selecting lawyers as Judges Pro Tempore to serve as court appointed neutrals in Philadelphia Commerce Court cases. The Chicago Bar Association created its Commercial Litigation Committee "to promote discourse between judges and lawyers who handle business-related disputes" with an initial focus on

3042-526: The Economy, New York Chief Judge Judith S. Kaye created a Commercial Courts Task Force, a Nevada Legislative Commission formed a Subcommittee to Encourage Corporations and Other Business Entities to Organize and Conduct Business in this State, Maryland's General Assembly created a Business and Technology Court Task Force, and the South Carolina Bar , with South Carolina Supreme Court approval, created

3120-531: The Fifteenth Court of Appeals. It is the first operational specialized appellate level business court in the United States. In 2020, Pennsylvania passed a law encouraging the Superior Court of Pennsylvania to create a specialized appellate Commerce Court, but that Pennsylvania intermediate appellate court has not done so. Other appellate courts have been described as commercial or business courts, not by design, but in reference to their actual case work, such as

3198-533: The Law Division's Commercial Calendars. The Boston Bar Association 's Business and Commercial Litigation Section holds an annual event, "Business Litigation Session Year in Review", where lawyers hear directly from Business Litigation Session judges. The Florida Bar 's Business Law Section has a Business Courts Task Force. The Ohio State Bar Association 's Corporation Law Committee urged a detailed resolution to expand

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3276-420: The London based commercial courts as a preferred forum for international litigation. The jurisdictional scope of commercial courts outside the United States may have some differences with American state level specialized business and commercial courts. For example, the Business and Property Courts of England and Wales include specialized courts or lists for admiralty , insolvency , and patents , which in

3354-522: The Metro Atlanta Business Case Division are empowered to hear court-based disputes concerning international arbitration proceedings. A substantial part of the Commercial Court of England and Wales' docket involves arbitration appeals. The Miami-Dade County, Florida Circuit Court has an International Commercial Arbitration Court. Miami circuit judges Jennifer D. Bailey and Lisa S. Walsh have served as both business court judges in

3432-687: The North Carolina Business Court Rules address mandatory mediation, and Florida's Ninth Judicial Circuit Business Court Procedures, Section 8, requires mandatory ADR, and addresses non-binding arbitration as well as mediation. The Michigan Supreme Court business court case management standards emphasize early mediation. International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addressing "Negotiated Dispute Resolution", Ireland's Commercial List, section 6(a)(b)(xiii), giving its judges power to adjourn proceedings so

3510-634: The SIFoCC has held five full meetings, with dozens of judges from around the world, most recently in April 2024 in Doha , Qatar. In its 2023 policy resolution, the Association of Corporate Counsel recognizes and endorses the creation and support of business courts internationally, as well as in the United States. In the United States and internationally, "[t]he notion of specialized courts to decide technology disputes has

3588-582: The Superior Court justices and other state judges are set by RSA 491-A:1 . The Chief Justice of the Superior Court makes $ 175,837 annually, and associate justices make $ 164,911 annually. In April 1901, the Superior Court was established by the General Court when two courts were organized to take the place of the Supreme Court as it then existed. The Supreme Court was given jurisdiction over "law terms," or questions of law heard on appeal. The Superior Court

3666-909: The US, they are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts. Commercial courts outside the United States may have broader or narrower jurisdiction than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction; and jurisdiction may vary between countries. Business courts may be further specialized, as in those that decide technology disputes and those that weigh appeals . Alternative dispute resolution and arbitration have connections to business courts. Business courts and commercial courts are specialized courts for cases involving commercial law , internal business disputes, and other matters affecting businesses. Business courts in

3744-444: The United States are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts. They have been established in approximately twenty-seven states. In some cases, a state legislature may choose to create a business court by statute. In other cases, business courts have been established by judicial rule or order, at

3822-515: The United States provides considerable examples of task forces, advisory bodies, bar associations and other entities involved in their creation, development and refinement, and in providing education on their operations. A number of business courts were created after studies carried out by task forces preceding a business court's creation. For example, North Carolina's Governor established the North Carolina Commission on Business Laws and

3900-560: The United States would typically be subject to jurisdiction in federal tribunals, such as the United States Bankruptcy Courts or the United States District Courts , and not in specialized state trial level business courts. The scope of any commercial court's jurisdiction may vary between countries. The Standing International Forum of Commercial Courts (SIFoCC) was created in 2016. From 2017 through 2024,

3978-446: The United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to the state supreme court. The High Court has appellate jurisdiction over all other courts. Leave must be granted by

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4056-596: The alternative dispute resolution of business and commercial disputes. This includes the use of mediation, Masters in Chancery to adjudicate matters, and agreements to make decisions non-appealable. Other states have a mixed history. In New York, Chicago, Philadelphia, Massachusetts, North Carolina, South Carolina, and New Jersey, among other locations with business courts, the original programs have expanded by adding judges and/or by expanding into additional cities and counties. Around 2000, Colorado's Supreme Court studied

4134-469: The appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified. Depending on

4212-421: The appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some courts, particularly supreme courts, have the power of discretionary review , meaning that they can decide whether they will hear an appeal brought in a particular case. Many U.S. jurisdictions title their appellate court

4290-470: The assignment of new cases to the commercial court pilot project, first established by that court in April 2017. Delaware's Court of Chancery, the pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for over a century. However, its traditional equity jurisdiction has evolved and expanded since 2003 to include technology disputes, some purely monetary commercial disputes, and to expand its role in

4368-764: The behest of courts. Some examples are: the Institute for the Advancement of the American Legal System studies and reports for Colorado's pilot business courts (Civil Access Pilot Project); the National Center for State Courts (NCSC) Commercial Court Evaluation for the Superior Court of Arizona in Maricopa County and its study of civil programs in Philadelphia's Court of Common Pleas (including its Commerce Court);

4446-471: The commercial courts are not divisions of other civil courts, but are autonomous ), Switzerland , Austria , Tanzania , Rwanda , Lesotho , South Africa , the British Virgin Islands , St. Lucia , Cayman Islands , Guyana , India , Japan , Malaysia , Thailand , Kenya , Malawi , Saudi Arabia , and Croatia . Use of the term "international commercial court" can also mean

4524-445: The complexity of how a case presents itself procedurally and the processes that will be used to manage a case, rather than by expressly limiting jurisdiction to cases with a specific legal subject matter, as business courts do. California's complex civil litigation program provides an example of defining jurisdiction based on litigation process criteria, such as the presence of large numbers of witnesses, parties, and pre-trial motions, and

4602-464: The court at issue clearly prefers to be called a "court of appeals", and vice versa. Historically, certain jurisdictions have titled their appellate court a court of errors (or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947),

4680-648: The court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories . Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where

4758-457: The courts and parties, while also serving as "a technological laboratory" for later use in all of New York's state courts. The use of technology in case management may be especially apt in international commercial courts, with litigation between parties from different nations. For example, the ADGM Courts in Abu Dhabi self-describe as "the world's first end-to-end, fully digital courts platform...." The history of business and commercial courts in

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4836-482: The decisions of the intermediate courts, often on a discretionary basis . A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review , an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to

4914-556: The design, supply and/or installation of computers, computer software and related network and information technology systems and services...." Some jurisdictions emphasized the idea that newly created business courts would make use of cutting edge technologies in handling business litigation, becoming so-called "cyber courts." For example, North Carolina's Business Court was an early proponent of electronic filing and high-tech courtrooms. New York's Commercial Division created "Courtroom 2000" making various technologies available for use by

4992-714: The early 1990s, and has expanded greatly in the last thirty years. Business courts (which are often business programs or divisions within existing trial level courts) are operating (as of October 2024) in New York County/Manhattan , and 10 other jurisdictions throughout New York State as the New York Supreme Court Commercial Division, Chicago , North Carolina , New Jersey , Philadelphia and Pittsburgh , Pennsylvania , Reno and Las Vegas , Nevada , Massachusetts , Rhode Island , Maryland , Orlando , Miami , Ft. Lauderdale , and Tampa , Florida , Michigan , Cincinnati , Cleveland and Toledo , Ohio , Iowa , Maine , New Hampshire , Metro Atlanta regionally and statewide via

5070-435: The growth in international commercial courts designed to hear disputes among parties from different nations. Some international commercial courts include foreign judges with commercial court experience on their bench, for example, former Delaware vice chancellor and Supreme Court justice Carolyn Berger serving on Singapore's International Commercial Court. The Business and Property Courts of England and Wales, located in

5148-451: The kind of cases heard in business courts, such as Philadelphia's Complex Litigation Center which only handles mass tort cases. Other complex civil programs expressly include some business and commercial case types within their jurisdiction, along with more numerous non-business court complex case types, such as Connecticut (which includes complex cases involving "formation, governance, dissolution or transfer of control of business entities,"

5226-462: The law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. The Court of Appeal of New Zealand, located in Wellington , is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in

5304-443: The lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an " abuse of discretion ". This standard tends to be even more deferential than the "clear error" standard. Before hearing any case, the court must have jurisdiction to consider

5382-449: The need for coordination with other cases (though some categories of case types are deemed provisionally complex). California's complex litigation programs are not statewide, but include at least the following county Superior Courts : Alameda , Contra Costa , Los Angeles , Orange , Riverside , Sacramento , San Francisco , San Mateo , and Santa Clara . Some complex litigation programs do not have any case type overlap with

5460-575: The parties may consider mediation, conciliation, or arbitration, Part 27 of the DIFC Court Rules (Dubai) addressing ADR, and the ADGM Courts' court annexed mediation. Some U.S. business courts expressly encourage the use of special masters or referees in expediting some types of decision making during the litigation process, for example in North Carolina, Kentucky, New York, Indiana, Orlando, Ft. Lauderdale, and Georgia. Delaware's Court of Chancery also uses magistrates, who can potentially be final decision makers. The New York Commercial Division and

5538-532: The state and [has been] chaired by Robert L. Haig, Esq. [since its inception]." In addition to providing education about the Commercial Division, the CDAC has regularly recommended Commercial Division rule changes that have been adopted after an opportunity for public comment. Indiana's Commercial Courts Working Group evolved into the Commercial Courts Committee which has been intimately involved with developing Indiana's Commercial Court Pilot Program and permanent courts. International examples include, among others,

5616-487: The state supreme court or trial court level. Georgia created a statewide business court by constitutional amendment. In virtually all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" or commercial disputes, and generally fall into two categories: (1) those courts which require that cases have an additional complexity component; and (2) those courts which establish jurisdictional parameters (i) through

5694-409: The trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony . When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes

5772-433: The trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and

5850-444: The type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo ); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record). While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by

5928-519: The type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals , which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit , which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In

6006-473: Was established in 2005. Since 1996, the Association of Corporate Counsel has endorsed the creation of business courts in the United States where appropriate. In 2023, Texas passed a law creating an appellate level business court, the Fifteenth Court of Appeals, which became operational on September 1, 2024. On August 23, 2024, the Texas Supreme Court upheld the constitutionality of the law creating

6084-535: Was given jurisdiction over trials. Having the two courts, allowed a trial court's ruling to be heard by a separate court of appeals of which the trial court judge was not a member. 42°56′4.0″N 72°16′46.5″W  /  42.934444°N 72.279583°W  / 42.934444; -72.279583 Business courts Business courts , sometimes referred to as commercial courts , are specialized courts for legal cases involving commercial law , internal business disputes, and other matters affecting businesses. In

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