Discovery Disputes and Motions to Compel

85 days ago 6 views Surviving Discovery www.survivingediscovery.com

Understanding Discovery Disputes

The discovery phase in litigation holds pivotal importance as it sets the groundwork for the trial by facilitating an exchange of pertinent information and evidence between parties involved. Yet, the discovery process is fraught with challenges and is prone to disagreements known as discovery disputes. These disputes are prevalent in litigation and arise when one party contends that the other is not providing the necessary information, or when there is discord about the breadth or relevance of the requested discovery.

Discovery disputes can emanate from a multitude of issues such as the perceived overreach of discovery requests, claims regarding the privileged nature of certain information, or differences in determining what information is pertinent to the case. Resolving these conflicts is of utmost importance to maintain the integrity and fairness of the trial process while minimizing potential delays that can arise from prolonged disagreements.

Resolving Discovery Disputes

The initial approach to managing a discovery dispute typically involves a meet and confer session. This informal meeting provides the parties with an opportunity to address