![]() The parties should cite to the Guidelines in their ESI discovery requests. The purpose of the Guidelines is to provide for the efficient discovery of ESI from nonparties, to assess early the potential costs and burdens on nonparties “in preserving, retrieving, reviewing and producing ESI given the nature of the litigation and the amount in controversy,” to identify where the requesting party will have to defray the nonparty’s ESI costs, and to encourage informal resolution of any ESI disputes without court intervention. The Guidelines state that they are not intended to modify governing case law or replace the Commercial Division Rules, the Uniform Rules, the CPLR or “any other applicable rules or regulations pertaining to the New York State Unified Court System.” In fact, the Guidelines are to be construed in a manner consistent with them. New § 202.20-j: Entitled “Electronically stored information.” This section provides that parties and nonparties are to follow the ESI guidelines in the Appendix. Efficient Discovery of ESI from Nonparty. Please Follow the Extensive ESI Guidelines. ![]() We continue our analysis of the amendments to the Uniform Rules for the Trial Courts. ![]() The following article is part 2 of a two-part article for part 1 click here.
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