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What constitutes a "good faith" effort in rectifying discovery issues before a party is entitled to file a Motion to Compel?

Mesa, AZ |

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?

Attorney Answers 2


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.

This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210

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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.

The information provided here is only general in nature and does not constitute legal advice in accordance with AVVO terms and guidelines. Further, no response to any post or question creates an attorney-client relationship between the poster or any attorney at Rose Law Group P.C.

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Evan D. Bolick

Evan D. Bolick


Also, if they are not responding to your complaint, allegations, or any other documents in a timely manner, you may have grounds to file a motion for summary judgment or request default judgment due to their lack of response. Check the AZ Rules of Civil Procedure on the AZ Bar website to determine whether you have met the qualifications for either of those actions.

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