A Plaintiff in a personal injury matter in civil court issues an opposing party very rudimentary production requests, and the other party subsequently objects and fails to produce each and every item in the production request, stating that each item is irrelevant. Plaintiff then advises the opposing party that each item is blatantly relevant and discoverable since each item may lead to admissible evidence. Plaintiff writes a long letter summarizing the basis for each and every item sought and why the items are relevant. The opposing partys attorney then responds claiming that they "may be able to find common ground", but that they need to check with their client and get back to the Plaintiff in 10 days. 10 days pass and still no response back.
Defendants are also WAY overdue on producing responses as over two months have passed since they were originally issued the production request. Has Plaintiff made a good faith effort prior to now filing a Motion to Compel?
A good faith effort to resolve a discovery dispute is always in the eye of the judge ruling on the discovery dispute. Based on the information contained in your email it certainly appears that good faith efforts were made to resolve the issues.
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This is completely in the discretion of the judge. I think you should try one more written follow up to get them to comply and then submit all evidence of your attempts with your motion to compel. Keep in mind that, from experience, most judges do not want to "babysit" the litigants, so only file the motion if they are being completely unresponsive or unreasonable in what they withhold.
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