Select your state

Civil procedure

e-discovery

Electronic discovery (e-discovery) is the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for a production of the information in a lawsuit or investigation.

In Pennsylvania, electronic discovery (e-discovery) is governed by state rules and federal rules if the case is in federal court. The Pennsylvania Rules of Civil Procedure outline the process for discovery, including e-discovery. Parties may request ESI in the same manner as other types of evidence. The rules require that the parties confer and develop a discovery plan addressing the nature and scope of e-discovery. If disputes arise, courts can intervene to resolve issues related to the relevance, scope, and cost of e-discovery. Additionally, Pennsylvania follows the proportionality standard, which means that the requested ESI should be proportional to the needs of the case, considering factors such as the importance of the issues at stake and the amount in controversy. When federal jurisdiction applies, the Federal Rules of Civil Procedure (FRCP), specifically Rule 26(b)(1), also emphasizes proportionality and allows for broad discovery of ESI relevant to any party's claim or defense. Parties must also be mindful of their duty to preserve ESI when litigation is reasonably anticipated, to avoid sanctions for spoliation of evidence.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

e-discovery

Individual & Family Legal Plan

Articles

Pennsylvania State Code

Pennsylvania State Code

Civil procedure

e-discovery

Articles