June 18, 2014
Discover How InfoShare™ Supports the New e-Discovery Requirements.
A little more than a year ago, on January 1, 2013, the electronic discovery provisions of the New Jersey Rules of Court, R. 3:13-3(b)(3), went into effect. Mirroring some of the provisions of the Federal Rules of Civil Procedure 26, the New Jersey e-Discovery provisions are designed to accommodate the ever-increasing use of email and other forms of digital communications as a means of transmitting discov-ery in criminal cases in New Jersey.
“While some of the new provisions are built into the old sections of the rule, effectively expanding their scope, others are drafted as a separate section of R.3:13-3, which means that they leave in place the fundamental principles and procedures that have governed discovery in New Jersey since the rule was first enacted in the mid-seventies,” explains CSI’s legal guru, Josh Ottenberg, Esq. “A number of the significant changes to the rule appear to have been driven by enhancements in technology.” The basic definition, or the scope, of what the prosecutor must provide to the defendant has been expanded to accommodate information and records in electronic form. Section (b)(1)(A) of the rule now mandates that the State turn over, along with all the traditional items, “electronically stored in-formation, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form.” This increases the burden on prosecutors to investigate and understand the technology that is used by the investigative agencies.