I disagree as well. There is an absolute obligation to confer; however, it is satisfied with a simple letter asking for a response by day certain, usually 5, (one time) when there is no response. The duty does not necessarily arise just from a dispute as there can easily be just an oversight which the Court has full discretion to not penalize a party for. This amplifies the need to confer then there is no misunderstanding and it shows intent.Litigation! said:My response:
Either you're a Defense attorney, like Stephen, who is satisfied with drawing a paycheck each week, or you're not an aggressive Plaintiff's counsel. You see, I'm the latter. That's why clients hire me and my lawfirm, rather than the idiot next door, and that's why insurance companies respect what I say. You see, I'm in their book - - on the page that says, "Attorneys who are aggressive and win." I'm not on their "Wussy" page.
IAAL
Overly aggressive attys sometimes miss the simple points while they are admiring themselves leaving the real bacon to be had by the idiots next door. I just beat up three of them and I got a better than money sanction ... I got the Defendants answer struck and a default judgment on the issue of liability .... .
So, being overly aggressive is not an attribute …. Be reasonable and smart, that’s how you win.
To answer the posters Q. Send your opponent a letter and give him 5 days to have the requested material in your office. If not, then prepare a Motion to Compel and file it together with copies of the original discovery requests you made if that was not done already. Check your rules. In the Motion ask for sanctions, costs, including attorney fees.