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Are Stricter E-Discovery Rules Coming to NY State Court?

March 17, 2010

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Federal courts have had strict e-discovery rules since the 2003 <i>Zubulake</i> decision . New York's state courts may soon be joining the parade. A report has been issued recommending changes and additions to how courts handle e-discovery. Key recommendations include: an addition to the Preliminary Conference form to highlight e-discovery issues and responsibilities; 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; pilot projects in selected courts regarding disclosure of e-discovery issues and e-discovery compliance.
E-discovery is here to stay, and all counsel, and their clients, must be prepared.
For more information about this post, please contact David Tavella at <a href="mailto:dtavella@wcmlaw.com">dtavella@wcmlaw.com</a>
<a href="http://www.courts.state.ny.us/press/pr2010_05.shtml">http://www.courts.state.ny.us/press/pr2010_05.shtml</a>

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