New York State Court practitioners need to be increasingly mindful about their e-discovery obligations. Although Congress and the Federal Courts have largely blazed the e-discovery trail to date, e-discovery issues are slowly but surely being addressed at the state level as well. Recently, New York’s Electronic Discovery Working Group selected Part 48 of the Commercial Division of the State Supreme Court in New York County (currently run by Justice Jeffrey K. Oing) to participate in a pilot program to utilize a new Electronic Discovery Order (“EDO”) form. A link to the Court’s webpage with links to the EDO, Pilot Memo and Rules for Part 48 can be found here. The EDO will supplement, rather than replace, the current Preliminary Conference Memo and will apply to all Part 48 cases filed after June 15, 2011.
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