Although the wife sought fees in the amount of $15,000 for the computer expert’s services, the court denied that request, noting that under the CPLR, the party seeking discovery should incur the costs in the production of discovery material, departing from the federal rule.
[2] Significantly, however, the court left the door open for cost allocation at the time of trial and, further, directed the husband to be responsible for the expenses of his own experts who are present to oversee the cloning process.[3] In another case, where a litigant seeking to challenge the validity of a prenuptial agreement in the context of estate litigation sought electronic discovery from the law firm which prepared the agreement, the court ordered the law firm to select the forensic computer expert and notify the litigant of the cost for services, thereafter that litigant was to notify the law firm whether or not they wished to proceed with the electronic discovery, being the party responsible for the costs.[4] Based upon the foregoing, it seems clear that the party seeking the electronic discovery will be responsible for the cost, at least initially. This could operate as an insurmountable burden to some litigants and have a chilling effect on seeking such discovery.[1] Lipco Elec. Corp. v. ASG Consulting Corp, 4 Misc3d 1019(A), 798 NYS2d 345 (Sup. Ct., ____ Co., 2004).[2] Etzion v. Etzion, 7 Misc3d 940, 796 NYS2d 844 (Sup. Ct., Nassau Co., 2005).
[3] Id.
[4] In Re Maura, 17 Misc3d 237, 842 NYS2d 851 (Surr. Ct., Nassau Co., 2007).
About The Author
Cynthia J Tippins Esq.
Cynthia J Tippins Esq.Cynthia J. Tippins, who has been designated in Best Lawyers in America, has engaged exclusively in family law practice since 1989. She maintains a private practice devoted exclusively to appeals in matrimonial and family law matters. Ms. Tippins is a Fellow of the American Academy of Matrimonial Lawyers and has served on its Amicus Curiae Committee.
She served on the Executive Committee of the New York State Bar Association Family Law Section and has served as Co- Chair of its Family Court Committee and its Legislation Committee, as well as serving on the Section’s Custody, Legislation, and Equitable Distribution Committees. Cornaire served as Counsel to the NYSBA Task Force on Family Law. She has lectured at CLE programs for MatLaw Systems Corp., the Law Guardian Training Program sponsored by the Appellate Division, Third Judicial Department, the New York State Bar Association, and local bar groups, including the Women’s Bar Association. Ms. Tippins has also lectured at Hofstra Law School and Albany Law School for programs sponsored by the American Academy of Matrimonial Lawyers. In addition to frequent Legal Updates, she has spoken on such topics as Preparing the Custody Case for Trial, Child Custody: The Substantive & Procedural Law, Effective Discovery & Motion Practice in Matrimonial Actions, Litigating & Negotiating Child Support Issues, Negotiating & Drafting Separation Agreements, and Effective Use of Demonstrative Evidence. Her published writings include numerous contributions to CLE seminar books, and such articles as The Status of Spousal Maintenance and the Impact of the 1986 Statutory Amendments, published by the Westchester County Bar Association. Ms. Cornaire is also a member of the American Bar Association Family Law Section.
Company Name: Harris, Conway & Donovan, PLLC
Website: http://capitalregionlaw.com/