Meet and Confer in Order to Compel Further Responses Motion

Asked over 2 years ago - San Francisco, CA

I sent special interrogatories and requests for admission to defendants. They responded with objections only. I know that in order for me to compel further responses I need to meet and confer with the defendant's attorney.
Can I contact him by email and request a meeting? Also, for this meeting, am I obligated to go to his office or can I request him to meet in the middle of way between us for example in a public library (since I don't have an office) and can I conduct this meeting over the phone rather than meeting in person? Is there a specific protocol to follow during this meeting or is it just an open conversation? Can they or me record this conversation?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Most judges will tell you that a meaningful meet and confer requires either meeting in person or having a telephone conference, not just sending and exchanging letters or emails.

    However, before having an in person meeting or telephone conference, it is often useful to first write a meet and confer letter setting forth why you believe the responses are inadequate and/or objections are without merit.

    An in person meeting can be conducted anywhere. There isn't a specific protocol.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Rebekah Ryan Main

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    Contributor Level 18

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    Answered . You do not need to meet and confer in person. You can do it over the phone or, my preference, in writing. Send a letter setting forth all of the reasons why the responses are unacceptable, provide legal authority for your position and request further responses by a date certain – give them one week. If they want more time, confirm that you also have an extension of time in which to file your motion to compel.

    You need an attorney to help you.

    Best of luck to you.

    Attorney Rebekah Ryan Main


    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not... more
  3. Michael John Tonsing

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    Answered . Q. Is there a specific protocol to follow during this meeting or is it just an open conversation?

    A. Just a conversation; or, an exchange of emails or letters. No protocols. Whatever you/they say will come up in the next round. Be fir,. but be reasonable. Be clear. Back up your assertions with references to the law of discovery, either statutes or cases, if possible.

    Q. Can they or me record this conversation?

    A. Anyone can record any conversation if the other side consents. In the absence of consent, not a good idea. Surreptitious recording of a phone call is a crime in CA, and could result in hefty fines. Again, good to write a letter or email. if you think a record will be important No expectation of privacy there, no problem attaching the email/letter exchange as an exhibit to a subsequent motion to compel.

    This answer is made available by the above lawyer for educational purposes only. It is also offered as a public... more

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