(a) Any party may serve a request upon a party pursuant to Rules 4009.11 and 4009.12 or a subpoena upon a person not a party pursuant to Rules 4009.21 through 4009.27 to produce and permit the requesting party, or someone acting on the party’s behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, and electronically stored infor- mation), or to inspect, copy, test or sample any tangible things or electronically stored information, which constitute or contain matters within the scope of Rules 4003.1 through 4003.6 inclusive and which are in the possession, custody or con- trol of the party or person upon whom the request or subpoena is served, and may do so one or more times.
Rule 4009.1.Production of Documents and Things. General Provisions.
Adopted April 7, 1997 · Last amended June 6, 2012 · Last verified June 30, 2026
In one sentenceThis rule opens the document-production subchapter, letting a party obtain documents and things from another party by request or from a non-party by subpoena, and letting a requesting party specify the format for electronically stored information.
Full Text of Rule 4009.1
(b) A party requesting electronically stored information may specify the for- mat in which it is to be produced and a responding party or person not a party may object. If no format is specified by the requesting party, electronically stored information may be produced in the form in which it is ordinarily maintained or in a reasonably usable form.
Plain-English Summary
This rule frames how a party obtains documents, electronically stored information, and tangible things in discovery. A party serves a request on another party under the request-and-answer rules, or a subpoena on a non-party under the subpoena rules.
For electronically stored information, the requesting party may specify the format of production, and the responding side may object to that format. The Official Note preserves the court’s power to enter protective orders. This general-provisions rule points to the specific procedures that follow, distinguishing production from a party (by request) from production by a non-party (by subpoena with notice).
Frequently Asked Questions
How do you get documents in discovery?
From a party by a request for production; from a non-party by a subpoena, after prior notice to the other parties.
Can you specify the format for electronic records?
Yes. A requesting party may specify the format, subject to the responding side's objection.
Official Note
Official Note: These rules do not prevent a court from entering an order under its common law power preserving or protecting a document or thing. Parties to an action and persons not parties but served with a subpoena or request pursuant to these rules have the protective and enforcement provisions of the discovery rules available to them. See Rule 4012 governing protective orders and Rule 4019 governing enforcement and sanctions for failure to make discovery. The remedy of a protective order is available to the party to whom a request is directed to prevent abuse. These rules do not preclude (1) the issuance under Rule 234.1 et seq. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d) or (2) an independent action against a person not a party for production of documents or things. For additional provisions governing the production of expert reports in medical professional liability actions, see Rule 1042.26 et seq.
Amendment History
The provisions of this Rule 4009.1 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended March 29, 2004, effective immediately, 34 Pa.B. 1926; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceeding text appears at serial pages (255407) to (255408) and (303601).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: production of documentsdocument discoveryESI production