Electronic Discovery Law
Southern District of New York Implements Pilot Program for Complex Cases, Requires Joint Electronic Discovery Submission for Cases Involving ESI
Of particular interest to readers of this blog is the Joint Electronic Discovery Submission which must be submitted by parties who indicate a belief that “relevant information may exist or be stored in electronic format, and that this content is potentially responsive to current or anticipated discovery requests.” The joint submission will be the governing document by which electronic discovery is managed by the parties and the court and requires that the parties discuss issues surrounding preservation; methodologies or protocols for search and review; potential sources of ESI; the format of production; limitations on production, including the identity of custodians, potential date ranges, and the timing of production; inadvertent production; and cost allocation, among other things. The joint submission also requires counsel to “certify that they are sufficiently knowledgeable in matters relating to their clients’ technological systems to discuss competently issues relating to electronic discovery, or have involved someone competent to address these issues on their behalf.”
The program is currently slated to run for eighteen months.
A copy of a press release briefly describing the program is available here.
Standing Order M10-468 which provides all relevant details is available here.