Discovery Dispute

Discovery Dispute

Discovery Dispute

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

Frequently asked questions

What is required before filing a discovery motion?

What is required before filing a discovery motion?

Meet and confer certification in nearly every jurisdiction, and in many courts an informal conference or pre-motion letter to the judge.

Are boilerplate conferral certifications sufficient?

Are boilerplate conferral certifications sufficient?

Generally not. Courts reject certifications describing a single email and expect a genuine effort to resolve the dispute.