![]() ![]() ![]() 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. Whether or not the discovery propounded would be so expensive for the other side that its intent was to force settlement other than to reach the merits of the case.The effect of expense upon litigation of the case and.The nature of the discovery requested and its importance to the case.The nature and extent of the actual efforts expended.The history of the case and the past conduct of counsel as it reflects upon the bona fides of their efforts.The court will look at the following relevant factors in determining whether a party has met and conferred in good faith: This is most evident in the discovery battles and the failure of counsel to “ meet and confer” in good faith.ĭespite a party’s threat that they will seek sanctions, no court is going to award sanctions if you don’t meet and confer in good faith, and in fact, will sanction you if you don’t. It seems like more and more cases are doing battle in the gutter than in the courtrooms. Bad habits, abuse, and inaccuracies regarding the law have begat more bad habits, abuses, and inaccuracies. No longer is the legal community so small that you know you are going to see opposing counsel again and fear their retaliation.įor the last thirty years, many of us had to learn how to litigate by doing and then suffering the repercussions. No longer do lawyers have time for the “two-martini” lunch in order to get input from their colleagues about cases with which they are having trouble. No longer can a law firm afford to have an associate sit at the knees of a respected senior partner and watch, listen, and learn without billing. Unfortunately, times have changed since the Discovery Act of 1986 went into effect. §§ 2025.450(b)(2), 2025.480, 2030.300(b), 2031.310(b), 2032.2.290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions. The purpose of the “ meet and confer” requirements set forth in C.C.P. ![]()
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