New York State Rules

Ediscovery Rules

NY CLS CPLR § 3119
N.Y. Tr. Ct. R. 202.12
N.Y. Tr. Ct. R. 202.70 (Commercial Division Only)

Activity with Regards to Federal Rules of Civil Procedure Amendments

New York modified its civil procedure rules by adding ediscovery wording to its existing language. CPLR 3119 expanded the definition of "subpoena" to include the inspection and copying of ESI.

Rule 202.12 requires parties to specifically address ediscovery issues. Further, counsel for the parties who appear at preliminary conferences must have adequate knowledge of their client's technological systems, such that they are able to discuss ESI properly. Outisde experts and client representatives are allowed at the conferences for the purpose of satisying this requirement.

Trial Court §202 Appendix A is dedicated to obtaining ESI from nonparties. Additional provisions in local court rules provide additional early conferencing obligations.

Additionally, Nassau County provides its own dedicated ESI guidelines.

Useful Link(s)

New York Civil Practice Law & Rules: http://www.newyorkcplr.com/3119.php

Uniform Rules for the N.Y.S. Trial Courts: http://www.courts.state.ny.us/rules/Trialcourts/202.shtml#12

Commericial Division, Nassau County Guidelines for Discovery of Electronically Stored Information: http://www.courts.state.ny.us/courts/comdiv/PDFs/Nassau-E-Filing_Guidelines.pdf

Queen's County Supreme Court, Commercial Division Guidelines and Rules: http://www.courts.state.ny.us/courts/11jd/supreme/civilterm/partrules/civil_partrules_commdiv.shtml#Compliance%20Conferences

NYSBA Best Practices in E-Discovery in New York State and Federal Courts: http://www.nysba.org/Sections/Commercial_Federal_Litigation/ComFed_Display_Tabs/Reports/ediscoveryFinalGuidelines_pdf.html

Recommended Reading

Patrick M. Connors, Annual Supplementary Practice Commentaries, CPLR Article 31: Disclosure, McKinney's Consolitdated Laws of New York, Book 7B (West, 2005-continuing)

Katherine W. Dandy, Metadata, What Lawyers Need to Know, 41 Westchester B. J. 7 (Spring 2016)

A Report to the Chief Judge and Chief Administrative Judge, Electronic Discovery in the New York State Courts (2010) https://www.nycourts.gov/courts/comdiv/PDFs/E-DiscoveryReport.pdf

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