In 1978, when the youngest members of the law school class of 2003 were born, the newest technology was the five-and-a-quarter-inch floppy disk, designed for use with the Apple II computer and storing a whopping 110 kilobytes, the disk space now needed for one low-resolution photograph. That same year, the Pennsylvania Rules of Civil Procedure were overhauled to bring the Pennsylvania system into as close conformity as possible with the federal rules. At that time, the Civil Procedural Rules Committee recognized that the changes to the discovery rules were justified by the “general acceptance of the philosophy of discovery” between the federal and state systems.
YL Editorial Board Peter Buckley, chairman Leigh Ann Buziak Kristine L. Calalang Mary Doherty Patrick Duffy John Encarnacion Shaune Ferrara Eileen K. Keefe Michael O’Connor Matthew Ryan Preston Satchell Royce Smith Djung Tran Nina Varughese The Editorial Board of Young Lawyer is composed of members of the legal profession. They serve voluntarily and are independent of Young Lawyer. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. Members of the legal community are invited to contribute signed op-ed pieces. |
The rules committee recently proposed amendments to address e-discovery, weighing in on the debate on how litigants must deal with the complicated issues with technologies that produce massive amounts of electronically stored information. The answer: There is apparently no general acceptance on the philosophy of electronic discovery between Pennsylvania and the federal complement. Pennsylvania will stick with its own rules, thank you very much, and ESI will be governed by the same considerations that have always governed traditional discovery.
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