Amendments to Commercial Division Rules Attempt to Consolidate and Modernize Rules Concerning ESI

On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rules 1, 8, 9, 11-c, 11-e, and 11-g to consolidate and modernize rules concerning discovery of electronically stored information (ESI). The crux of the amendments, which become effective on April 11, 2022, is in amended Rule 11-c--which sets out standards for the collection, review, and production of ESI.

According to a memo, dated September 7, 2021, from the Office of Court Administration, the goal of these amendments is to "address e-discovery in a more consolidated way, modify the rules for clarity and consistency, and to provide further detail in Appendix A - Proposed ESI Guidelines that is practical in the Commercial Division Rules."

In fairly straightforward terms, these amendments attempt to address and modernize procedures and issues concerning ESI in the Commercial Division. Indeed, given the prevalence of electronic communication, especially since the pandemic, how parties collect and review ESI is incredibly important. These amendments are the Commercial Division's response to many of the problems that arise from the previous lack of a uniform approach and divergent views among courts and attorneys.

The attorneys at Schlam Stone & Dolan regularly handle ESI-related issues in litigation, ranging from managing an effective collection, review, and production to litigating issues arising out of an adversary's failure to do the same. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning the collection, review, and production of ESI.