RESOLUTION APPROVING COMMENTS TO PROPOSED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION


WHEREAS, proposed amendments to the Federal Rules of Civil Procedure regarding discovery of electronically stored information were published for comment in August 2004 by the Civil Rules Advisory Committee to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States;

WHEREAS, the deadline for submission of comments on the proposed amendments is February 15, 2005;

WHEREAS, the Federal Courts Committee of the Philadelphia Bar Association formed an ad hoc subcommittee of 22 lawyers and judges to review and analyze the proposed amendments;

WHEREAS, the subcommittee held numerous meetings to consider the proposed amendments and prepared a written report recommending appropriate comments;

WHEREAS, the subcommittee's report was circulated to the full Federal Courts Committee twice by email and twice on paper, was discussed at two of the committee's monthly meetings, and was unanimously approved for submission to the Board of Governors at the committee's meeting on November 17, 2004;

WHEREAS, the recommendations have been duly submitted to the Board of Governors for its consideration;

WHEREAS, the Board believes it is in the best interests of the association to submit the recommended comments to the Civil Rules Advisory Committee;

NOW, THEREFORE BE IT RESOLVED, as follows:

The Federal Courts Committee's recommended comments to the proposed amendments to the Federal Rules of Civil Procedure regarding discovery of electronically stored information are hereby adopted as comments of the Philadelphia Bar Association; and

The Chancellor shall submit the comments to the Civil Rules Advisory Committee on behalf of the association.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: NOVEMBER 23, 2004