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e-discovery

Electronic discovery (e-discovery) is the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for a production of the information in a lawsuit or investigation.

In New York, electronic discovery (e-discovery) is governed by both state and federal rules, depending on the jurisdiction of the case. For state cases, the New York State Unified Court System has adopted rules that address e-discovery. These rules are found in the New York State Civil Practice Law and Rules (CPLR), particularly in Section 3122-b which specifically deals with the discovery of electronically stored information (ESI). The CPLR requires parties to follow certain protocols when dealing with ESI, including the preservation of relevant information, the identification of relevant data sources, and the production of ESI in a reasonably usable format. Additionally, the New York courts have established case law that further clarifies the responsibilities and procedures surrounding e-discovery. For federal cases, the Federal Rules of Civil Procedure (FRCP), especially Rules 16, 26, 34, 37, and 45, provide detailed guidelines on e-discovery, including the duty to preserve ESI, the scope of discovery, and the format of production. Attorneys practicing in New York must be familiar with both sets of rules and understand how to effectively manage e-discovery to comply with legal obligations and court orders.

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Civil procedure

e-discovery

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Civil procedure

e-discovery

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