Extensive Discovery Changes Proposed for N.J. Criminal Cases

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An article by Mary Pat Gallagher published by the New Jersey Law Journal, and posted on law.com on the LTN webpage.

This article looks at recent proposed changes to eDiscovery rules for criminal maters in New Jersey, which have been made available by a report of a Supreme Court Committee in New Jersey, a link to the report is provided in the article.  The article states, "Many suggestions address electronic discovery, such as adding "electronically stored information" to the list of materials covered by discovery; allowing discovery to be made using "CD, DVD, e-mail, internet or other electronic means"; requiring Alcotest data to be provided in a readable digital database; establishing uniform fees and formats; and having the judiciary institute computer training courses for both judges and lawyers.

Electronic documents would have to be provided in PDF format. Those not in PDF or some other readily accessible format would have to be accompanied by a self-extracting computer program that would enable access.

A list or index would have to be supplied with discovery provided in electronic format so that the recipient would not have to open up every file to find out what was provided, which the committee called a "common complaint.""  The article goes on to provide further obligations that are suggested for the prosecutors regarding what digital information they must produce to the defendants.