The costs of civil discovery in the computer age appear to be prompting divergent responses by the federal and New York state courts. These differences, which are still evolving, could have significant implications for litigants and lawmakers.

Litigants with a choice of forum should consider these differences in selecting which court system best suits their objectives. And lawmakers should monitor these differences to assess what rules best reconcile the often competing goals of ready access to the civil justice system, full development of the facts relevant to the case, and the efficient, cost-effective resolution of the parties’ dispute.