All Articles tagged Discovery

• General
  February 17, 2021 EDT
  COMPROMISING WITHIN NEW YORK’S CPL ARTICLE 245 DISCOVERY DEMANDS
  Cassidy V. Milam

  This note considers the new discovery demand laws in New York and offers recommendations for future legislation on discovery.

• New York Appeals
  May 03, 2017 EDT
  NEW YORK DISCOVERY REFORM PROPOSALS: A CRITICAL ASSESSMENT
  Vincent Stark

  This paper examines proponents’ claims for discovery reform with a critical eye, and concludes that their proposed reforms would not achieve their ends.

• General
  January 01, 2012 EDT
  DECONSTRUCTING PENSION COMMITTEE: THE EVOLVING RULES OF EVIDENCE SPOLIATION AND SANCTIONS IN THE ELECTRONIC DISCOVERY ERA
  Michael W. Deyo

  This article reviews Judge Scheindlin‘s seminal e-discovery opinion in Pension Committee, and analyzes the subsequent treatment of a few notable aspects of her ruling.

• New York Appeals
  March 03, 2011 EDT
  A PRACTIONER’S CONTINUED UNCERTAINTY: DISCLOSURE FROM NONPARTIES
  David L. Ferstendig

  This article discusses the various standards used by the Departments of the Appellate Division regarding disclosure from a non-party.

• New York Appeals
  May 05, 2010 EDT
  CPLR 3126 CONDITIONAL ORDERS REQUIRING DISCLOSURE “CAN’T GET NO RESPECT”
  Patrick M. Connors

  This article examines the events in litigation that typically result in a CPLR 3126 conditional order requiring disclosure.

• State Constitutional Commentary
  August 08, 2009 EDT
  THROWING STONES FROM WITHIN A GLASS HOUSE: WHY THE PROCEDURAL APPROACH TO CONFRONTATION FAILS TO REMEDY THE ILLS OF THE INDICIA OF RELIABILITY TEST, AND AN ARGUMENT FOR A BALANCED RULE
  Gordon Eddy

  This article argues that Crawford v. Washington's procedural approach threatens the public interest in effective enforcement of the criminal law without contributing to the discovery of truth.