February 28, 2013
Comments on Proposal to Adopt 22 NYCRR §202.12 and Amend 22 NYCRR § 202.70
The Supreme Court Committee reviewed the Office of Court Administration (“OCA”) proposal regarding the adoption of 22 NYCRR § 202.12 (b) and (c)(3) and amendment to 22 NYCRR § 202.70(g), Commercial Division Rule 8, relating to e-discovery, at its meeting on February 5, 2013.
The Committee voted to support the proposal, which requires parties to confer with respect to potential electronic discovery matters prior to the preliminary conference, and expands the Commercial Division Rule’s list of e-discovery issues for the parties to address.
The Committee observed that the Commercial Division Rule 8 already includes a similar provision, and the increasing prevalence of e-discovery supports the general application of such a rule. The Committee also favored an explicit rule that would allow attorneys to cite the provision when reaching out to an adversary to discuss e-discovery in advance of the preliminary conference.