What Should A Party Do When It Receives A Confusing Discovery Response?

What Should A Party Do When It Receives A Confusing Discovery Response?

Were the defendants at fault for providing to the plaintiffs a CD containing information confusing to the plaintiffs? A court found that, no, the parties should have communicated with each other in order to facilitate the discovery process.

The issue arose when the defendants provided a CD to the plaintiffs containing information the plaintiffs had requested. However, the plaintiffs did not know how the defendants collected the information on the CD, nor did the plaintiffs know how the contents were responsive to their discovery requests. Based on this incident, the plaintiffs filed this motion to appoint a neutral discovery master to oversee the discovery process. The plaintiffs also argued that the defendants had not been timely with their discovery submissions. However, as the court pointed out, the plaintiffs had not been timely.

Ultimately, the court found that if the parties had merely taken the time to communicate with each other that this motion likely could have been avoided. The court further stated that the parties must, “meet and confer in good faith in order to communicate about issues of untimely or confusing production and resolve them without judicial intervention.” Thus, the court dismissed the motion.

Jessie is a third-year student at Seton Hall University School of Law (Class of 2015). She graduated from Rutgers University, New Brunswick in 2012 with a B.A. in philosophy and Political Science. 

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