Discovery
Scope and Framework
Discovery disputes concern objections, response adequacy, privilege assertions, scope, or timing. Most jurisdictions require meet and confer before motion practice, and many require an informal conference with the court.
Local rules govern the procedure.
Alternative Names:
Discovery Disagreement, Discovery Conflict
Why it Matters?
The informal conference procedure many courts now require resolves disputes faster and cheaper than briefing, and courts increasingly refuse to entertain motions filed without it. Certifying conferral is a prerequisite that is enforced, and boilerplate certifications describing a single email exchange are rejected. Building a genuine conferral record is both required and frequently resolves the issue.
Frequently Confused with
Related terms
Frequently asked questions
What is required before filing a discovery motion?
Are boilerplate conferral certifications sufficient?
