Super Lawyers
William C. Altreuter
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Wednesday, April 01, 2009

Here's an exciting new amendment to the Uniform Civil Rules for the Supreme and County Courts:

§202.12 Preliminary Conference

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(c) The matters to be considered at the preliminary conference shall include:

* * *

(3) Where the court deems appropriate, establishment of the method and scope of any electronic discovery, including but not limited to (a) retention of electronic data and implementation of a data preservation plan, (b) scope of electronic data review, (c) identification of relevant data, (d) identification and redaction of privileged electronic data, (e) the scope, extent and form of production, (f) anticipated cost of data recovery and proposed initial allocation of such cost, (g) disclosure of the programs and manner in which the data is maintained, (h) identification of computer system(s) utilized, and (i) identification of the individual(s) responsible for data preservation; [(3)](4) addition of other necessary parties;

[(4)](5) settlement of the action;

[(5)](6) removal to a lower court pursuant to CPLR 325, where appropriate; and

[(6)](7) any other matters that the court may deem relevant.

What this means is that counsel are now in a position to get in a lot more trouble at a preliminary conference.

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