New Commercial Division Rule Will Speed up e-Discovery

A new Rule 9 took effect June 2, 2014 in the Commercial Division of the New York State Supreme Court that stands to speed up pre-trial proceedings, and ease the complications associated with e-discovery.  The new rule allows parties to consent to accelerated pre-trial procedures, which could dramatically shorten the calendar for all types of litigations other than class actions.

Under Rule 9, when parties consent, “all pre-trial proceedings, including all discovery, pre-trial motions and mandatory mediation” will conclude within nine months of the filing of a Request for Judicial Intervention.  The new rule also seeks to reduce disputes by requiring parties to produce electronic documents in searchable format.  The rule imposes sanctions such as the denial of discovery or the imposition of reasonable production costs if the “costs and burdens of e-discovery are disproportionate” to the nature of the dispute, the amount in controversy, or the relevance of the materials requested.

Separately, the Commercial Division has proposed a rule that would impose on non-parties certain e-discovery “guidelines” designed to promote efficiency, early assessment of burdens on non-parties, to identify costs borne by the requesting party, and to encourage the resolution of disputes without court involvement. The new rule would not modify existing case law or replace any related rules.

For the full text of Rule 9, click here.  For more information about, and news from the Commercial Division of the New York State Supreme Court, visit their website.

To learn about how CASTAYBERT PLLC can assist you with e-discovery, click here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.