Resolving Discovery Disputes

Resolving Discovery Disputes

Using discovery to reach evaluation, mediation and trial goals

Category Archives: Meet and Confer

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Discovery Plan Part 4 — The Year Before Trial

Posted in Discovery Plans, Expert Witness, Expert Witness, Interrogatories, Meet and Confer, Motions, Request for Admissions, Request for Production of documents
Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming. Yet, you really don’t pay attention to them until they are upon us usually around day 45 when you start trying to schedule experts. That is when you realize there are not enough hours in… Continue Reading

When Discovery Abuse is a Trial Strategy

Posted in Abuse, Compel Further Responses, Depositions, Meet and Confer, Motions to Compel, Objections, Person Most Knowledgeable (PMK), Request for Production of documents, Sanctions
I was asked how do you handle discovery abuse when it is part of a deep pocket defendant's litigation strategy. His story went like this: Plaintiff's counsel had been to court several times on motions to compel documents and motions to compel further documents from an international Corporation. The court's most recent order was that the documents were to be served two weeks before the corporation's person most knowledgeable depositions were to take place in London. Instead defendant produced 30,000 documents on a CD less than 24 hours before the London depositions were to begin. Plaintiff counsel went forward with the depositions as trial was in a month and his client could not afford for the lawyer to go to London another time. Plaintiff counsel expressed his frustrations that even though the court gave him $6000 in sanctions he was severely handicapped in his preparation for the depositions and it impacted on what evidence he could obtain before trial. Even though this is an extreme example, it is not unusual. The real question is what could he have done and what should you do if you find yourself in this situation.… Continue Reading

A Judge Needs to Call Balls and Strikes on Discovery Motions

Posted in Compel Further Responses, Expert Witness, Meet and Confer, Request for Production of documents
When I hear of a Judge or Discovery Referee making a ruling which essentially tries to not make anybody angry and essentially splits the baby, I cringe. This goes against the philosophy of the Discovery Act and current case law. There are rules in discovery and attorneys are expected to play by those rules. When one side plays by the rules and asks the court to enforce those rules, it becomes disheartening to that party when the Judge or Discovery Referee splits the baby instead of making the tough call.… Continue Reading

I’ve Got This Doctor You Gotta See!

Posted in Doctor Patient, Independent Medical Examinations, Meet and Confer, Motions to Compel, Personal Injury
In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few requirements to this discovery device that defendant must comply with in order to perfect the request. Although obtaining an Independent Medical Examination may appear to be a simple process here are some interesting twists and turns that I have encountered that a defendant should consider before they serve their demand.… Continue Reading

Save Time, Money and Angst — MEET AND CONFER

Posted in Compel Further Responses, Interrogatories, Meet and Confer, Request for Admissions, Request for Production of documents, Sanctions
The purpose of the "meet and confer" requirements set forth in C.C.P. §§ 2025.450(b)(2), 2025.480(b), 2030.300(b), 2031.310(b) 2032.250(a) 2033.290(b) was for the lawyers to revisit their position, in good faith discuss a resolution and avoid unnecessary discovery motions.… Continue Reading


Posted in Abuse, Discovery Plans, Interrogatories, Meet and Confer, Request for Admissions
As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040 stating the reasons why they need more. See C.C.P. §2030.050 and C.C.P. §2033.050. However, when you receive more than 35 specially prepared interrogatories or requests for admissions, you should ask yourself the question "IS IT REALLY NECESSARY?"… Continue Reading

My Experts Go Last!

Posted in Depositions, Discovery Plans, Expert Witness, Expert Witness, Meet and Confer
You are within fifty days of trial and you are in receipt of defendant's expert witness disclosure. She has three experts and you have three experts. All six of them need to be deposed in less than 35 days and you haven't yet sent out a deposition notice. You pick up the phone and meet and confer with opposing counsel to select dates. During the conversation the attorney for the defendant states very adamantly My expert will not be ready to testify until your expert testifies. Besides you are the plaintiff and you have to go first! Heard this before? I have and there are some significant problems with defense counsel's position.… Continue Reading


Posted in Abuse, Compel Further Responses, Meet and Confer, Motions, Motions to Compel, Sanctions
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.… Continue Reading

When an Apology is a Discovery Response

Posted in Abuse, Depositions, Discovery Referee, Meet and Confer, Professionalism
Nine years ago, in the middle of a Deposition, defense counsel called plaintiff counsel a "Bitch." Plaintiff counsel immediately filed a motion for a Discovery Referee and I was appointed. The court ordered that I sit in on all the depositions and attend the site inspection. All communication including the scheduling of discovery was to be done through me. When I look back on this case, I realize that the moment defense counsel used the word "Bitch" it became the turning point of the case.… Continue Reading

Are Your Objections Garbage?

Posted in Compel Further Responses, Interrogatories, Meet and Confer, Objections, Request for Admissions, Request for Production of documents, Sanctions
Not only are most objections garbage, we tend to recycle our garbage objections from one case to the next. Sometimes, we pick up other attorneys' garbage objections and contribute to more litter. This is done over and over again without even thinking what it is doing to the environment of the litigation. Garbage objections fuel the ire of opposing counsel. The "meet and confer" letter that is soon to follow is usually full of hostility and threats. Any amicable relationship you had hoped for with opposing counsel is on the cusp of being destroyed. More important, you are now costing your client more money in attorneys' fees and possibly in settlement. So before you throw out the trash, look at these common objections and why they will be overruled:… Continue Reading