Broader Pre-Suit Discovery Is Available in State Court

February 23, 2026  |  New York Law Journal

Southern District Judge Louis L. Stanton’s decision preventing pre-suit discovery in Reyna v. Universal underscores FRCP 27’s narrow requirements: petitioners must show specific anticipated testimony and demonstrate that it risks being lost, concealed, or destroyed. In their latest New York Law Journal article, Morvillo Abramowitz Grand Iason & Anello P.C. partners Ed Spiro and Chris Harwood discuss Reyna and the Second Circuit’s strict interpretation of Rule 27, contrasting it with New York’s CPLR § 3102(c) which allows broader pre-suit discovery including to identify prospective defendants and preserve material evidence. They conclude that New York state court offers a strategic advantage when discovery is needed to develop a known claim rather than merely preserve testimony.

Broader Pre-Suit Discovery Is Available in State Court