Ignore E-Discovery Obligations At Your Peril In Pennsylvania

Pennsylvania's Rules of Civil Procedure differ greatly from the Federal Rules in many respects, and in some areas (such as lean Rules relating to e-discovery), Pennsylvania's resistance to adopt the Federal Rules might lead some to believe that Pennsylvania is behind the curve on e-discovery or that its courts don't focus on e-discovery issues as much as their counterparts in the Federal system.

Those arriving at that conclusion may want to read the Pennsylvania Superior Court's recent decision in Solara Ventures IV, LLC v. PNC Bank, PA Superior Court No. 1212 WDA 2013 (August 7, 2014). While non-precedential, the Solara Ventures decision is significant in demonstrating that the Pennsylvania courts – much like the courts in other states and the Federal system – fully expect parties to comply in good faith when responding to e-discovery requests, and will enter harsh sanctions against parties who fail to meet their e-discovery obligations.