Extract from Saliann Scarpulla, Julie North and Scott Reents’s article “New York Commercial Division Leads the Way With New E-Discovery Rules”
The Commercial Division of the New York Supreme Court recently adopted a series of significant rule changes to modernize how its courts tackle the increasingly thorny issue of e-discovery, the production of electronically stored information (ESI). Particularly in the post-pandemic world, business is most often conducted through electronic means—from email exchanges to text messages to Zoom calls. This now prevailing method of conducting business makes e-discovery essentially synonymous with document discovery for cases of all sizes. As the cost and complexity of e-discovery increases, straightforward, flexible rules for addressing this area are essential to the just and efficient resolution of disputes. The Commercial Division has recognized and addressed this reality. The overhaul of its e-discovery rules positions the New York Commercial Division as a leader in this area and, as a result, an attractive forum for businesses looking to resolve their significant litigation matters.
The Commercial Division’s e-discovery rule amendments comprehensively address e-discovery in a single rule, consolidating pre-existing rules and adopting new provisions to address topics not previously covered. In addition, new advisory guidelines offer parties a clear, consistent, and practical outline for conducting defensible e-discovery and avoiding and resolving disputes without costly motion practice.
While the new e-discovery rule offers guidance on a wide range of issues, three are particularly noteworthy