State court rules have been amended in an effort to insure that lawyers are up to speed about their clients' electronic records at the early stages of discovery.
Meanwhile, after 11 years of experimentation with electronic filing, the state has accorded permanent status to the effort and has begun to institute mandatory e-filing in limited areas.
Chief Administrative Judge Ann Pfau said the amendments to the Uniform Trial Court Rules are part of an effort to improve the way electronic discovery is handled in New York state courts.
According to a February 2010 court system report, interviews with judges, law clerks, and lawyers revealed "a strong consensus that the court system should act now to ensure that e-discovery is handled as expertly, expeditiously, and inexpensively as possible.
"Many frequent state-court litigants and lawyers have expressed concern about the lack of predictability and consistency in handling e-discovery," Feinberg, a deputy counsel in New York's Unified Court System, wrote in the report. "Those same parties and lawyers appear to be turning away from New York State courts for the greater sense of certainty and ability to handle massive e-discovery disputes that the Federal courts, and to a lesser extent, other state courts with more developed e-discovery practices, can provide."
The alterations to §202.10(b) and §202.70(g) of the Uniform Rules of Trial Courts were published Aug. 18 and went into effect immediately. They were approved beforehand by Chief Judge Jonathan Lippman and the presiding justices of the four appellate division departments.
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Source: law.com
By: Joel Stashenko
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