US · rules
M.D. Pa. L.R. 26.1
Duty to Investigate and Disclose
(a) Prior to the conference of attorneys required by Local Rule 16.3, counsel for the parties
shall inquire into the computerized information-management systems used by their clients so
that they are knowledgeable about the operation of those systems, including how information
is stored and how it can be retrieved. At the same time, counsel shall inform their clients of
the duty to preserve electronically stored information.
(b) In making the disclosures required by Fed. R. Civ. P. 26(a)(1), the parties must
disclose electronically stored information to the same extent they would be required to disclose
information, files or documents stored by any other means.
(c) During the conference of attorneys required by Local Rule 16.3(a), in addition to those
matters described in that rule, counsel shall discuss and seek to reach agreement on the
following:
(1) Electronically stored information in general. Counsel shall attempt to agree
on steps the parties will take to segregate and preserve electronically stored
information in order to avoid accusations of spoliation.
(2) E-mail information. Counsel shall attempt to agree on the scope of e-mail
discovery and e-mail search protocol.
(3) Deleted information. Counsel shall attempt to agree on whether deleted
information still exists, the extent to which restoration of deleted information is needed,
and who will bear the costs of restoration.
(4) Back-up and archival data. Counsel shall attempt to agree on whether back-up
and archival data exists, the extent to which back-up and archival data is needed, and
who will bear the cost of obtaining such data.
(5) Costs. Counsel shall discuss the anticipated scope, cost, and time required for
disclosure or production of data beyond what is reasonably available to the parties in
the ordinary course of business, and shall attempt to agree on the allocation of costs.
(6) Format and media. Counsel shall discuss and attempt to agree on the format
and media to be used in the production of electronically stored information.
(d) In the event the parties cannot agree on the matters described in subparagraph (c),
counsel shall note the issue of disagreement in Section 10 (“Other Matters”) of the joint case
management plan so that the court may, if appropriate, address the matter during the case-management conference.
Provenance
- Source
- www.pamd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
84b14dfb6032db36b35a87e9349d0d4f485f58b1ab277e3fc69b924957f82fa7
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