Request for Admissions-THE MOTIONS

Posted by Katherine Gallo on April 07, 2011

tank.jpgThere are three motions that you can bring--(1) Motion to Compel, (2) Motion to Compel Further Responses, and (3) Motion to Have Admissions Deemed Admitted.  All of them have their place in your discovery plan but two of them--Motion to Compel Further Responses and Motions to Have Matters Deemed Admitted must be in your arsenal.  Though they appear to be the same motions you would use for interrogatories, inspection demands, and depositions there are a few noteworthy twists and turns.

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It Is Too Relevant!

Posted by Katherine Gallo on September 23, 2010

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Attorneys easily spew out the objection “the information you are seeking is not relevant to the subject matter of the litigation” as easily as they say “Good morning.”  If you are the propounding party your reaction is probably to be to yell out “It is too relevant!” because it doesn’t even appear that the responding party actually thought it through before spewing out the objection.   But what exactly is relevancy?  It seems to be a nebulous term that invokes images of catching clouds with your hands or like Supreme Court Justice Potter Stewart’s definition of pornography “I know it when I see it”?

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GAME ON-The Opposition

Posted by Katherine Gallo on September 09, 2010

Boxing Women.jpgYou have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute (pdf) the size of your fist and your response is due in two weeks.  Now what do you do? First, take a deep breath.  This is the time you decide when to “hold them and when to fold them” because how you respond may end up setting the tone between you and opposing counsel for the entire case.   

Look at the Separate Statement of Items in Dispute (pdf) and determine whether or not you have any garbage objections.  If you do, offer to respond to those interrogatories, requests for admissions and/or requests for productions of documents by a date no later than when your opposition is due.

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What Should Your Discovery Motions Look Like?

Posted by Katherine Gallo on August 27, 2010

Lawer with Books.jpg Discovery motions are the banes of most attorneys’ existence and they are often relegated to the newbie in the office to prepare.  Young associates as well as other attorneys struggle on what needs to be in the papers and exactly how to convince the court that they should win.     

With the courts’ having budgetary problems and staff shortages, it is in your best interests to make it real clear to the court (1) what has happened; (2) what you want the court to do; and (3)  why you are entitled to the discovery and sanctions in a succinct fashion.  

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SANCTIONS--DENIED!!!

Posted by Katherine Gallo on August 20, 2010

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When I started this blog I asked fellow attorneys what issues they would like me to address.  I received this response from a lawyer in San Francisco: 

Key problem – judges that won't crack down on parties that lodge bogus objections and don't answer interrogs, and object to discovery demands that are straight forward. Amount of sanctions awarded is usually pitiful. 

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