Pennsylvania

a. Administrative forum. M4B1A

(This section is blank. See the subpoints below.)

b. Motion to compel

Because a subpoena is a court order, it is not advised that the news media disregard the subpoena's return date and simply register an objection with the subpoenaing party. If the news media is unable to get the subpoenaing party to withdraw the subpoena, the news media should promptly file a motion to quash. Moreover, the filing of a motion to quash does not stay the news media's obligation to comply with the subpoena, see, e.g., Pa. R. Civ. P. 4013, although such a motion usually has that effect as a practical matter.

4. Public matter message on private hardware.

An open records officer must make a good faith determination as to the existence of public records on private hardware.  See, e.g., Silberstein, 2011 WL 31550 at *1.

b. Invalidate the decision. M4C04B

The court may invalidate action taken at any meeting that violates any requirement of the Act, including the notice provisions. It may grant declaratory or injunctive relief with respect to particular practices. It may temporarily enjoin challenged action while it considers the merits of the challenge. However, a court is not required to invalidate action taken where there has been a violation of the Sunshine Act. Ackerman v. Upper Mt. Bethel Tp., 567 A.2d 1116 (Pa. Commw. Ct. 1989).

c. Minutes. M1E2C

(This section is blank. See the subpoints below.)

b. What proof of search does subpoenaing party need to make?

The party seeking disclosure should offer evidence that it made attempts to obtain the information from alternative sources, or that such attempts would be futile. See Davis v. Glanton, 705 A.2d 879, 885-86 (Pa. Super. 1997). The Pennsylvania courts, however, have not elaborated on the precise quantum of proof a party must offer concerning its search for alternative sources.