Deficiencies include missing responses, unsigned authorizations, absent product identification, and unsupported injury allegations. The defense serves a deficiency notice, the plaintiff has a cure period, and unresolved deficiencies proceed to motion practice.
Case management orders specify the process and timelines.
Alternative Names:
Deficiency Notice, PFS Deficiency
Why it Matters?
The deficiency process is the primary mechanism for culling unsupportable claims from a large inventory, and its effectiveness depends on the case management order's structure. Orders providing a short cure period followed by automatic show cause referral produce dismissals, while those requiring individual motion practice for each deficiency produce little. Negotiating that structure at the outset determines whether the process functions.
Frequently Confused with
Related terms
Frequently asked questions
What makes a deficiency process effective?
What are common deficiencies?
