Local Rules on Electronic Discovery and the Taxation of Costs


The Local Rules of the United States District Courts for the Southern District of New York and the Eastern District of New York (see this link) discuss whether or not a prevailing party can recover e-discovery costs in its notice for taxation of costs. They state that,

"Courts in other circuits have begun to address the question whether and to what extent the costs of electronic discovery can be taxed as costs of c

opying or exemplification. See, e.g., Race Tires America, Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012). Particularly in the absence of authoritative guidance from the Second Circuit on this issue, the Committee has concluded that it is premature to address this question in Local Civil Rule 54.1(c)."