Jan 18

New York’s Newest E-Discovery ‘Best Practices’ and Rules

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E-discovery “best practices” recently have been published by the New York State Bar Association (NYSBA) and, in state court, a pilot e-discovery preliminary conference order is now in effect in certain courts. Practitioners need to be versed in both. The NYSBA’s Commercial and Federal Litigation Section’s E-Discovery Committee (the Committee) has released a report entitled “Best Practices in E-Discovery in New York State and Federal Courts” (the Guidelines), which contains practical “hands-on” advice concerning the challenging electronic discovery landscape relating to, among other things, the preservation, collection, and production of electronically stored information.

In addition, a pilot project for complex civil cases has been implemented in the U.S. District Court for the Southern District of New York, effective Nov. 1, 2011, which provides, among other things, for counsel to submit to the court in connection with the Rule 16 conference a joint electronic discovery submission and proposed order (the e-discovery submission).[FOOTNOTE 1]

Practitioners also should be aware that the New York State Unified Court System’s E-Discovery Working Group (the working group)[FOOTNOTE 2] will soon be releasing a draft e-discovery bench book that will be provided to the state judiciary and is putting together a multi-part course on various aspects of e-discovery that will be available to the state judiciary and its staff. The working group has adopted an electronic e-discovery order that has been piloted to several New York supreme court justices statewide and, in Manhattan, Commercial Division Justice Jeffrey K. Oing is utilizing this electronic discovery order.[FOOTNOTE 3]

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