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Supreme Court of Pennsylvania Reject Federal Case Law on E-Discovery and Adopts A Proportionality Test for E-Discovery in Amendments to the Rules of Civil Procedure

The Supreme Court of Pennsylvania recently amended the Pennsylvania Rules of Civil Procedure to officially include the discovery of electronically stored information. The amended rules become effective August 1, 2012.

Changes to Rules

Amended Rule 4009.1 includes “electronically stored information” among the list of items a party may request. The person requesting electronically stored information may specify the format in which it is to be produced and the responding party may thereafter object. If no format has been requested, the responding party may produce electronically stored information in the form in which it is ordinary maintained or in a reasonably usable form.

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