Electronic Discovery in the New York State Courts

Electronic Discovery in the New York State Courts

In a recent report, Chief Judge Jonathan Lippman and Chief Administrative Judge Ann Pfau outline recommendations to improve electronic discovery management in the New York Court System. As Lippman points out, there need to be “measures in place to manage the complexities involved in electronic discovery” in an increasingly technological age. To help standardize e-discovery practices, Lippman and Pfau had the following key recommendations:

          -Establishment of an e-discovery working group to serve as a statewide resource for
expertise and training;

          -An addition to the Preliminary Conference form to highlight e-discovery issues and 

          -Consideration of a court rule requiring counsel appearing at the preliminary conference to
be competent to discuss client technology systems;

          -A pilot project designating e-discovery specialists to assist judges in supervising and
resolving protracted e-discovery disputes;

          -Creation of an e-discovery journal by the judiciary reporting relevant decisions and trends;

          -Pilot projects in selected courts regarding disclosure of e-discovery issues and
e-discovery compliance.

If implemented, these recommendations hold the potential for widespread adoption in courts, providing helpful e-discovery guidelines nationwide. For more information about the recommendations to e-discovery practices in the New York State Court System, view the report.

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