![]() ![]() 4th 1403 (finding that the 45 day deadline for bringing a motion to compel discovery is jurisdictional and the court’s only authority after its expiration to rule on the motion is to deny it). If this informal negotiation fails to resolve the issue, the dissatisfied party has 45 days to move to compel a further discovery response by court order, with the losing party likely to face mandatory monetary sanctions unless the court finds “substantial justification” for that party’s position or other circumstances which would make the imposition of sanctions unjust. If the meet and confer process is skipped, monetary sanctions are mandatory. When faced with what appears to be an inadequate discovery response, the California Code of Civil Procedure dictates that parties are to meet and confer in an attempt to resolve the dispute informally. This article explores the intersection of uncertainty when it comes to a perceived inadequate document production and why mere speculation may not be enough, especially when a third party is hired to preserve and retrieve electronically stored information. A court will likely hold a vendor’s eDiscovery mistake on the party responsible for complying with the production. One thing is clear, third party vendors are not full proof. This uncertainty is heightened by the expanse of eDiscovery in recent years and the increased reliance upon third party vendors to assist with this process. However, when faced with the question of just how sure you or your client are that the opposing party has failed to deliver complete responses to a request for production of documents for example, mere speculation as to that inadequacy may not be enough to convince a court to compel further responses. ![]() This includes the ability to file a motion to compel further responses and seek sanctions for discovery abuses. California’s Civil Discovery Act provides specific devices to ensure discovery stays on track during litigation. It is far too common during the discovery process to receive responses to written discovery requests that appear to fall short of being full and complete. Once the Motion to Compel Plaintiffs to Produce Documents at Trial is downloaded it is possible to fill out, print and sign it in any editor or by hand.Speculation and the Inadequate Document Production
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