![]() Rules of Civil Procedure Require You to Meet and Conferįor example, Rule 37 of the Federal Rules of Civil Procedure (Failure to Make Disclosures or to Cooperate in Discovery Sanctions) states that a party moving for an order compelling disclosure or discovery: There are three reasons to meet and confer with your opponent when its discovery answers are evasive or incomplete. Why Do I Have to Meet and Confer with Opposing Counsel to Resolve a Discovery Dispute? And we can help you determine the best strategy to resolve your claim. We have helped hundreds of auto accident victims and injured workers negotiate favorable settlements. I hope this information helps you get the information needed to recover the monies you deserve.ĭo not hesitate to contact us for a free consultation about your tort claim. But many courts require it, and you can save yourself time, money, and frustration trying to work out these problems without a judge intervening. By the time you get to the discovery process in litigation, you might have little desire to cooperate with the adverse party. That is because most jurisdictions have a meet and confer requirement, which orders lawyers and litigants to discuss resolving a discovery dispute before submitting a motion to compel. ![]() And it is needed under many courts’ rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court’s discovery order. This letter is often called a good faith letter. Usually, courts are not involved in the discovery process unless a dispute arises.īelow is a sample letter to opposing counsel asking your opponent to fix inadequate discovery responses and give more complete answers. It is up to you to force your opponent to answer completely and provide the evidence you need at deposition and trial to win. And one of their favorite tactics to delay payment of claims is to make baseless objections or provide incomplete or evasive answers to discovery requests ( interrogatories, requests for production of documents, requests for admissions, etc.). Prolonging litigation is a common strategy of insurers and third-party administrators (TPAs) in workers comp, personal injury, and auto accident cases. ![]() The goal is straightforward: To get you to give up and drop the case or accept a lowball settlement offer. When you seek justice through litigation against an opponent with more resources, that party may try to prolong the case to increase the financial toll it has on you. What to Include in a Letter Asking Your Opponent to Give Better Discovery Answers ![]() How to Satisfy the Discovery Rules’ Meet and Confer Requirement with a Good Faith Letter to Opposing Counsel ![]()
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