E-Discovery Rules Enacted in New York State Court
Without much fanfare New York’s highest court issued amendments to the rules that apply to all New York trial courts handling civil cases. Much like the 2006 federal e-discovery
amendments, New York state litigants are now required to address electronic discovery during all preliminary conferences, including the scope of e-discovery, preservation of data, locations of data (including identifying computer systems and those responsible for them), and the form of production. The new rules even require lawyers to be intimately familiar with clients’ technology systems or bring an outside expert or client representative to the conference. See Uniform Rules for New York State Trial Courts § 202.12.