Updated and effective as of 2/24/2026
FORM
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
: CIVIL ACTION
: NO.
v. :
:
:
DEFAULT ORDER GOVERNING ELECTRONIC DISCOVERY
AND NOW, this day of , 20__, in anticipation of the Rule 16
conference, it is ORDERED as follows:
1. Introduction. In the event the parties cannot reach an agreement on how to
conduct electronic discovery (“e-discovery”) before the Rule 16 scheduling conference, the
following default standards shall apply until such time, if ever, the parties conduct e-discovery
on a consensual basis.
2. Exchange of e-discovery materials. Prior to the Rule 26(f) conference, the
parties shall exchange the following information:
a. a list of the most likely custodians of relevant electronic materials,
including a brief description of each person’s title and responsibilities; and,
b. a list of each relevant electronic system that has been in place at all
relevant times and a general description of each system, including the nature, scope, character,
organization, and formats employed in each system.
c. the parties should also include other pertinent information about their
electronic documents and whether those electronic documents are of limited accessibility, that is,
those created or used by electronic media no longer in use, maintained in redundant electronic
storage media, or for which retrieval involves substantial cost;
d. the name of the individual responsible for the party’s electronic document
retention policies (“the retention coordinator”);
e. a general description of the party’s electronic document retention policies;
f. the name of the individual who shall serve as the party’s “e-discovery
liaison”; and,
g. A description of any problems reasonably anticipated to arise in
connection with e-discovery.
To the extent that the state of the pleadings does not permit a meaningful discussion of
the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date
by which this information will be mutually exchanged or submit the issue for resolution by the
court at the Rule 16 scheduling conference.
3. E-discovery conference. The parties shall discuss the parameters of their
anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e-discovery
at the Rule 16 scheduling conference with the court.
4. E-discovery liaison. To promote communication and cooperation between the
parties, each party shall designate a single individual through whom all e-discovery requests and
responses are made (“the e-discovery liaison”). Regardless of whether the e-discovery liaison is
an attorney (in-house or outside counsel), a third-party consultant, or an employee of the party,
he or she must be:
a. familiar with the party’s electronic systems and capabilities in order to
explain these systems and answer relevant questions;
b. knowledgeable about the technical aspects of e-discovery, including
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electronic document storage, organization, and format issues;
c. prepared to participate in e-discovery dispute resolutions; and,
d. responsible for organizing the party’s e-discovery efforts to insure
consistency and thoroughness and, generally, to facilitate the e-discovery process.
5. Search methodology. If the parties intend to employ an electronic search to
locate relevant electronic documents, the parties shall disclose any restrictions as to scope and
method which might affect their ability to conduct a complete electronic search of the electronic
documents. The parties shall reach agreement as to the method of searching, and the words,
terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who
are charged with familiarity with the parties’ respective systems. The parties also shall reach
agreement as to the timing and conditions of any additional searches which may become
necessary in the normal course of discovery. To minimize the expense, the parties may consider
limiting the scope of the electronic search (e.g., time frames, fields, document types).
6. Timing of e-discovery. Discovery of electronic documents shall proceed in the
following sequenced fashion:
a. after receiving requests for document production, the parties shall search
their documents, other than those identified as limited accessibility electronic documents, and
produce responsive electronic documents in accordance with Fed. R. Civ. P. 26(b)(2);
b. electronic searches of documents identified as of limited accessibility shall
not be conducted until the initial electronic document search has been completed;
c. requests for information expected to be found in limited accessibility
documents must be narrowly focused with a factual basis supporting the request; and,
d. on-site inspections of electronic media under Fed. R. Civ. P. 34(b) shall
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not be permitted, absent exceptional circumstances where good cause and specific need have
been demonstrated.
7. Format. If, during the course of the Rule 26(f) conference, the parties cannot
agree to the format for document production, electronic documents shall be produced to the
requesting party as image files (e.g., PDF or TIFF). When the image file is produced, the
producing party must preserve the integrity of the electronic document’s contents, i.e., the
original formatting of the document, its metadata and, where applicable, its revision history.
After initial production in image file format is complete, a party must demonstrate particularized
need for production of electronic documents in their native format.
8. Retention. Within the first thirty (30) days of discovery, the parties shall
negotiate an agreement that outlines the steps each party shall take to segregate and preserve the
integrity of all relevant electronic documents. In order to avoid later accusations of spoliation, a
Fed. R. Civ. P. 30(b)(6) deposition of each party’s retention coordinator may be appropriate.
The retention coordinators shall:
a. take steps to ensure that e-mail of identified custodians shall not be
permanently deleted in the ordinary course of business and that electronic documents maintained
by the individual custodians shall not be altered; and,
b. provide notice as to the criteria used for spam and/or virus filtering of e-
mails and attachments; documents filtered out by such systems shall be deemed nonresponsive
so long as the criteria underlying the filtering are reasonable.
Within seven (7) days of identifying the relevant document custodians, the retention
coordinators shall implement the above procedures and each party’s counsel shall file a
statement of compliance.
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9. Privilege. Electronic documents that contain privileged information or attorney
work product shall be immediately returned if the documents appear on their face to have been
inadvertently produced or if there is notice of the inadvertent production. All copies shall be
returned or destroyed by the receiving party.
10. Costs. Generally, the costs of discovery shall be borne by each party. However,
the Court will apportion the costs of e-discovery upon a showing of good cause.
CHAD F. KENNEY, J.
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