Federal courts have had strict e-discovery rules since the 2003 Zubulake 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.
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