How do you handle discovery disputes?
Four Tips for Navigating a Discovery Dispute
- Meet and Confer. Meeting and conferring in good faith before bringing the dispute to the court is a generally recognized requirement in most courts, and it is the best practice to follow.
- Have Legal Support.
- Be Reasonable and Have a Plan.
- Explain the Process to the Client.
What is a discovery dispute?
Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and …
What are meet and confer requirements?
A requirement in some jurisdictions that parties to a suit must meet and discuss various matters and attempt to resolve disputes without court action.
What happens at meet and confer?
The point of the meet and confer is for one lawyer to give the legal basis for why they think the discovery responses are deficient. The other lawyer then must respond by either agreeing to provide updated responses, or stating why they think the original responses are appropriate.
What does meet and confer mean in legal terms?
Search Legal Terms and Definitions n. a requirement of courts that before certain types of motions and/or petitions will be heard by the judge, the lawyers (and sometimes their clients) must “meet and confer” to try to resolve the matter or at least determine the points of conflict.
Where can I find the meet and confer letter?
See my blog “ EXHIBIT A—The Meet and Confer Letter .” As a Discovery Referee I have required parties to exchange Discovery in Word format.
When to file a meet and confer letter for Discovery?
To the extent that you truly believe that the discovery is burdensome and harassing, your recourse would have been to meet and confer before responding and to file a motion for protective order pursuant to Code of Civil Procedure §§ 2019.030 and 2030.090.
Do you need a meet and confer letter in federal court?
Most jurisdictions requires a meet and confer letter for deficient discovery request responses before you can file a motion to compel. This is also true in federal court under Rule 37 (f). Laura T. Teal, Esquire Re: Parson v. Starbucks Dear Ms. Teal:
How many letters to opposing counsel regarding discovery?
Eleven of the seventeen responses I have received are subject to some sort of objection. This appears to be an exercise in legal gamesmanship rather than the real, good faith effort to provide discovery that is contemplated by the Maryland Rules.
See my blog “ EXHIBIT A—The Meet and Confer Letter .” As a Discovery Referee I have required parties to exchange Discovery in Word format.
To the extent that you truly believe that the discovery is burdensome and harassing, your recourse would have been to meet and confer before responding and to file a motion for protective order pursuant to Code of Civil Procedure §§ 2019.030 and 2030.090.
Why is it important to meet and confer in a discovery case?
I find it is helpful for two reasons: (1) the parties can meet and confer using the “ Track Changes ” function in Word and hopefully agree on the modifications to the propounded written discovery, and (2) parties can easily prepare the separate statement of items in dispute if a motion needs to be filed.
Eleven of the seventeen responses I have received are subject to some sort of objection. This appears to be an exercise in legal gamesmanship rather than the real, good faith effort to provide discovery that is contemplated by the Maryland Rules.