The BLS’ new Administrative Directive 17-1, effective March 1, 2017, gives the litigation bar new guidance on venue in the BLS—and practical instruction on how to effect transfers either into or out of that court. While all these procedures were already embedded in the various statutes, rules, and cases, this new administrative directive consolidates this procedure in one place.
The two BLS sessions are permanent sessions of the Suffolk County Superior Court. Thus, technically speaking, venue has to lie in Suffolk County for a case to be heard in the BLS (assuming it otherwise meets BLS acceptance criterion). Nevertheless, improper venue is a defense that can be waived, and the BLS does not consider venue when determining whether to accept a case.
- Senior Editor, Co-Chair, Business Litigation Practice Group