Procedures for obtaining a Preliminary Conference Order have been amended to permit lawyers to avoid the conference altogether—if they meet and confer about the case, certify to the court they have done so, and stipulate to a preliminary conference order.

Amendments to Uniform Rule 202.12, developed jointly by the New York City Bar and the New York State Bar Association over four years of study, were promulgated on May 13 by order of Chief Administrative Judge Joseph Zayas, after approval by the UCS Administrative Board. The amendments are effective May 20.

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What Would the Proposed Rule Do?

The new §202.12(b) builds on the approach that UCS incorporated into Rule 202.12 in 2013 to handle the burgeoning number of e-discovery disputes. The e-discovery amendments require that lawyers discuss the scope of e-discovery with their clients and each other and come to a preliminary conference "sufficiently versed…to discuss competently all issues relating to electronic discovery…." See current §202.12(b) (shifted to §202.12(c) in the amended rule).