Discovery

Philadelphia Bar Association Ethics Committee Concludes That Social Media Evidence Must Be Preserved and Produced

A lawyer has a duty to preserve relevant, or potentially relevant evidence posted on social media websites, according to an ethical guidance opinion issued by the Philadelphia Bar Association Professional Guidance Committee on July 7, 2014. The Opinion emphasized that a lawyer’s duty to preserve evidence does not change simply because the information is on […]

No Discovery of Communications Between Counsel and Experts

On July 10, 2014, the Pennsylvania Supreme Court erased any doubt that it intended to bar all discovery of communications between counsel and experts by amending Pa.R.Civ.P. 4003.5 to prohibit such communications. The amendment, effective August 9, 2014, confirms the Supreme Court’s Opinion in Support of Affirmance in Barrick v. Holy Spirit Hospital of the […]

A Divided Pennsylvania Supreme Court Affirms That Communications Between Counsel and an Expert Are Not Discoverable

In the long-awaited decision in Barrick v. Holy Spirit Hospital, an evenly-divided Supreme Court today held that communication between counsel and an expert are privileged material pursuant to Pa.R.C.P. 4003.3 and 4003.5. In so ruling, the three Justices supporting affirmance noted that “Rule 4003.3 balances the general rule of expansive discovery with the deep-rooted protection of attorney […]

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