Include in your letter the names of potential discovery referees to whom you would be willing to stipulate to for the limited purpose of reviewing the category of documents in the request, performing an in camera review and preparing a recommendation to the court. Remember a “ single brief letter” with no explanation why the discovery was proper does not constitute a reasonable and good faith attempt at informal resolution. That way you are ready to file your motion to compel further responses, if it becomes necessary. Prepare your written “ meet and confer” letter in the format of a Separate Statement of Items in Dispute. Review your requests and determine whether or not the objections are valid. Also, consider offering to prepare a protective order and agreeing to a discovery referee. Tell them that you will prepare a written response to the objections so you can go through them when you meet. Once you have determined that you will need supplemental responses to your propounded discovery, call opposing counsel and set up a time to meet in person. Taking the above factors into consideration, review your requests and determine whether or not the objections are valid. Meeting and Conferring with Opposing Counsel Rather, the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.”įailure to meet and confer in good faith constitutes “ misuse of the discovery process.” Superior Court (1998) 61 CA 4th 1431-1439:Ī reasonable and good faith attempt at informal resolution entails something more than bickering with counsel. What should they be doing? According to Townsend v. Obregonis a helpful case for the court’s, but what about the litigants.
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