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10 Responses

  1. Cheers! Very helpful tip on this post!

  2. Hi Stan, great article. I’m faced with this issue right now, and this was a great introduction. However, I’m a little unclear on one part. You write: “This means more than just sending one letter, or making one phone call. It is good practice to send the first meet and confer letter requesting further responses within 10 days, if no responses are received, then another meet and confer letter should be sent mentioning the first letter and demanding further responses within 7 days. If no responses are received then a phone call should be made in a last attempt to work something out.” What’s the authority for this practice? Is that from personal experience or from a case/statute? I did not see that in the cases you cited. If you could let me know I’d really appreciate it. Thanks!

    • From personal experience. Many judges want to see that you made more than just one attempt to meet and confer. Technically speaking you may not have to meet and confer if no responses are received, but as the old saying goes, the law is what the judge says it is. If you are seeking sanctions in particular it is good practice to meet and confer. Otherwise you may win, but receive token sanctions.

  3. Great blog post, thank you.

  4. Hi Stan, I bought the motion and plan to file tomorrow. I am not sure how to file and serve this document though. Does it need a Request for Orders FL-300? Does it get served with a summons since it is to a non-party deponent? Can you help me out? Thanks

    • I would suggest getting a hearing date before filing if possible, then serving personally on the non-party. Some Courts may require you to first file the motion to get a hearing date. Include all of the facts regarding your good faith efforts to meet and confer before filing the motion to compel.

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