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A good faith attempt is more than arguing with opposing counsel. Instead, the law requires you to discuss the issues, compare views, exchange information (including statutes and case law supporting your position), and propose solutions to discovery fights without court interference.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
The biggest surprise is that it's an offer you can't refuse. You are not invited or asked to give a deposition. You receive a subpoena and are ordered to appear. In other words: While you don't have to talk to a police officer, you do have to testify when subpoenaed to give a deposition.
Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior.
Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts.
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
(b) Good Faith Efforts to Confer Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
?All parties shall make reasonable efforts to cooperate for the purpose of minimizing the burden or expense of discovery.? Better known as the ?Golden Rule Letter,? it should be attached to a motion to compel to evidence to the court that a good-faith effort has been made.