Electronic discovery can be extremely complex, expensive and time-consuming. Worse still, the process is fraught with many perils, especially for the unwary practitioner. Not surprisingly, we perceive a widespread “fear and loathing of e-discovery” amongst members of the bar. Thankfully, however, the inconvenience, anxiety and expense associated with e-discovery can be greatly alleviated with sound, rule-based guidance from the courts designed to streamline the process, promote proportionality, encourage cooperation and ensure fairness.
Unfortunately, there presently are no Pennsylvania Rules of Civil Procedure specifically dealing with the discovery of electronically stored information. There is, however, a proposal developed by the Pennsylvania Civil Procedural Rules Committee currently before the Pennsylvania Supreme Court concerning e-discovery. This article will address the committee’s proposal, offer specific suggestions for improvements to our state and local rules of court and provide a few general recommendations to help Pennsylvania practitioners deal with e-discovery issues in the absence of any meaningful, rule-based guidance.
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