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…

 In the previous blog, Start Preparing Your Motion Because with These Responses You’re Going to Court, I used the following example as a type of response I see as a Discovery Referee: Responding party hereby incorporates its general objections as if fully stated herein.  Responding party objects to this request to the extent it seeks information protected from disclosure by the attorney-client privilege and/or work product doctrine, or any other applicable privilege. Responding party objects…

Have you noticed that you are getting too many objections and very little documents to your document requests?  Have you also noticed that despite months of meet and confers you still don’t have a determination whether or not documents exist; and if they do exist, why they aren’t being produced? Is this scenario more the norm then the exception?…

It’s not required that a party amend interrogatory responses to reflect information the party got after responding, but there are situations in which a party may want to do just that. Here’s why it may be a good idea to amend interrogatory responses: Don’t make it look like you’re concealing facts. If you or your client learn new information, immediately file amended interrogatory. The court may view a failure to do so as a deliberate…

Alexandra A. Hamilton, a trial attorney at The Veen Firm, who handles complex cases involving catastrophic injuries or death, including products liability, workplace injuries, dangerous conditions of property, and vehicle negligence has written a great article for Plaintiff Magazine regarding how to combat the games attorneys play regarding the supplemental expert disclosure. Enjoy.…

Another great article from Julie Lewis, President, CEO and Founder of Digital Mountain regarding obtaining information from a party’s iPad’s, smart phones and other mobile devices. Social Media Metadata on Mobile Devices:  Gathering Valuable Crumbs If you’re a fan of television crime dramas, chances are you’re intrigued by how the smallest bits of evidence are often the very ones that end up closing the case on the identity of the criminal. Be it carpet…

Julie Lewis, President, CEO and Founder of Digital Mountain, has over 20 years of experience working in the high technology industry and is a frequent speaker on electronic discovery, computer forensics and cybersecurity. After working on over 1,000 computer forensics and e-discovery cases for over a decade, Julie has provided us with  some simple tips for successful eDiscovery planning:…