The cost of finding and producing both electronically stored information and physical documents in response to discovery requests must initially fall on the party responding to the request, though courts may shift that cost at their discretion, a unanimous panel of the Appellate Division, First Department, has ruled.
The Feb. 28 decision in U.S. Bank National Association v. GreenPoint Mortgage Funding Inc., 600352/09, signed by Justice Rolando T. Acosta (See Profile), is the second decision by the First Department this year adopting e-discovery standards set forth by Southern District Judge Shira Scheindlin (See Profile) in 2003 in Zubulake v. UBS Warburg LLC, 220 FRD 212.
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