On March 20, 2009, the Chief Administrative Judge of the New York State Unified Court System amended Section 202.12(c) of the Uniform Civil Rules for the Supreme and County Courts to add a new paragraph related to electronic discovery. Under Section 202.12(c)(3), the court during apreliminary conference may now establish the method and scope of any electronic discovery if it deems it is appropriate. This includes, among other things: the method of the retention of electronic data and implementation of a data preservation plan, identification of relevant data and redaction of privileged electronic data, the anticipated cost of data recovery, proposed initial allocation of such cost for data recovery, disclosure of the programs and manner in which the data is maintained and identification of the individual(s) responsible for data preservation.
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