Do i need still need to send meet and confer after sending form interrogatories to send demand inspection

Asked over 2 years ago - San Diego, CA

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after i receive a plaintiffs case management statement

Attorney answers (3)

  1. Contributor Level 20

    Answered January 24, 2011 15:49. I think you are confusing "meet and confer" in the context of discovery disputes with "meet and confer" in connection with case management.

    You have a duty to meet and confer before filing the Case Management Statement, pursuant to California Rules of Court Rule 3.724, which provides as follows:

    "Unless the court orders another time period, no later than 30 calendar days before the date set for the initial case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule 3.727 and, in addition, to consider the following:

    (1) Resolving any discovery disputes and setting a discovery schedule;

    (2) Identifying and, if possible, informally resolving any anticipated motions;

    (3) Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation;

    (4) Identifying the facts and issues in the case that are in dispute;

    (5) Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise;

    (6) Determining whether settlement is possible;

    (7) Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability;

    (8) Any issues relating to the discovery of electronically stored information, including:

    -- (A) Issues relating to the preservation of discoverable electronically stored information;

    -- (B) The form or forms in which information will be produced;

    -- (C) The time within which the information will be produced;

    -- (D) The scope of discovery of the information;

    -- (E) The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production;

    -- (F) The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings;

    -- (G) How the cost of production of electronically stored information is to be allocated among the parties;

    -- (H) Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; and

    (9) Other relevant matters.

  2. Contributor Level 20

    Answered January 24, 2011 16:22. Your question is garbled. You don't send forminterrogatories to send a demand to inspect documents, those are 2 different forms of discovery. A party must "meet and confer" prior to making a motion to compel discovery responses, or further responses, if the responses received are inadequate.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  3. Contributor Level 7

    Answered January 25, 2011 23:29. There is no meet and confer requirement in California prior to serving an inspection demand. However, if you are demanding to inspect property or an item that is not easily moved (such as a wrecked car, a large piece of equipment or fixtures on property) common courtesy dictates that you should cooperate with opposing counsel in the coordination of scheduling the inspection.

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