From the Introduction:
“These Guidelines for Best Practices in E-Discovery in New York State and Federal Courts (the “Guidelines”) are intended to provide New York practitioners with practical, concise advice in managing electronic discovery (“e-discovery”) issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery based on the current state of the law.
Computers are not new to the legal process, and astonishment at the constant and continuous proliferation of electronically stored information (“ESI”), networks, systems and devices has become a cliché. However, new developments in modalities of ESI are potentially significant to attorneys because any information relevant to a legal proceeding brings with it concomitant legal obligations. Whether ESI is stored on Facebook, in an iPad, or in the ‘cloud,’ counsel must understand the implications for attendant legal duties such as preserving, searching collecting, and producing. Lawyers need not become computer experts; but they do need sufficient knowledge to represent clients competently in a world where ‘e-discovery’ is fast becoming standard ‘discovery.'”
Rules: Rule 26(f) of the Fed. R. Civ.
Related Document: NYSBA Best Practices in E-Discovery in NY State & Federal Courts
The full text is available at https://nysba.org…