UPDATED January 4, 2023

Effective January 1, 2023, Caifornia Code of Civil Procedure § 2016  which authorized authorized the court to conduct an informal discovery conference upon request of a party or on the court’s own motion was REPEALED.

As a Discovery Referee, I found the process helpful and incorporated it into many of my discovery orders.  I encourage parties to continue using informal discovery conferences as they are productive.  Agree to stipulate to extending the time to bring a motion to compel further responses in order to meet and confer in good faith.  Consider bringing in a discovery referee for the limited purposed of aiding you in the process.

Continue Reading If Meet and Confer Fails, Ask for Help

The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 2025.450(b)(2), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, and in good faith, discuss a resolution in order to avoid unnecessary discovery motions.

Unfortunately, times have changed since the Discovery Act of 1986 went into effect. 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. 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 is the legal community so small that you know you are going to see opposing counsel again and fear their retaliation.

Continue Reading EXHIBIT A—The Meet and Confer Letter