![]() ![]() ![]() A court may provide a remedy when a party fails to produce documents pursuant to a request for discovery or fails to respond to the request. If a motion to compel is unsuccessful in getting the documents, a motion for sanctions may be the next step. Local court rules also require a certification with the motion to compel. The federal rules require “a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action” with the motion to compel. The federal and state rules require that the parties attempt to resolve the issue before resorting to court action. A motion to compel discovery is a request for the court to order the opposing side to disclose or produce discovery. If that fails, a court order is the next option. If after serving discovery, the Rambo litigator fails to produce documents you are entitled to, attempt to resolve the issue by conferring with opposing counsel first. Not only is relevant information discoverable, but so is the “existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter.” The requested information does not have to be admissible to be discoverable “if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” Any party may then serve upon the other party a request to “produce and permit the party making the request … to inspect and copy” any designated documents or “test, or sample any tangible things” which are relevant, not privileged, and proportional to the needs of the case. Under the Missouri Supreme Court Rules, “parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party… provided the discovery is proportional to the needs of the case considering the totality of the circumstances…” Any document that is not privileged, is relevant to the subject matter involved, and is proportional is discoverable through depositions, written interrogatories, requests for production of documents, mental or physical examinations, and requests for admission. “Hiding the Ball:” Make Sure You Get Documents and Discovery That You Are Entitled To ![]() DIRTY TRICKS THAT YOU NEED TO LOOK OUT FORĪ. ![]()
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