Sample Request For Informal Discovery Conference in California
Sample Request For Informal Discovery Conference in California
Sample Request For Informal Discovery Conference in California
Any Street
2 Any Town, CA 55555
3 714-555-5555
10
19
To subscribe to my FREE weekly legal newsletter visit
20
27
28
- 1 -
REQUEST FOR INFORMAL DISCOVERY CONFERENCE
1 Be sure to modify these paragraphs to suit your individual
2
3
situation. Do NOT just use the wording here unless it definitely applies
4
to your particular situation.
5
6 Be sure to remove this notice and all other notices before using
7
this document.
8
21 unable to resolve their dispute as to ___ of the topics and ________ of the inspection demands.
22 ______________has indicated it plans to file a motion for protective order, which has the potential to
23
considerably delay the deposition.
24
The parties agreed to continue the deposition until __________ while they met and conferred
25
in an attempt to resolve the discovery dispute.
26
27
28
- 2 -
REQUEST FOR INFORMAL DISCOVERY CONFERENCE
1 __________________requests an informal discovery conference with the court to take place
2 before _______, to allow the parties to obtain the court’s guidance in order that the matter can be
3
resolved without a formal motion and the deposition can go forward in a timely manner.
4
6 Dated:_____________________ ____________________________________________
7
ANY ATTORNEY OR PARTY
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
REQUEST FOR INFORMAL DISCOVERY CONFERENCE
1 DECLARATION OF _____________________
2 I, _______________________, declare as follows:
3
USE THE WORDING BELOW IF AN ATTORNEY IS SIGNING
4
1. I am an attorney duly admitted to practice law before the courts of the State of
5
6
California and the attorney of record for ___________ in the above-entitled action.
13 witness I could and would testify competently to the truth of the facts set forth in this declaration.
14 I make this declaration in support of the request that the court schedule an informal discovery
15
conference for the purpose of discussing a discovery matter(s) in dispute between the parties.
16
4. On __________, ____________was served by mail with LIST HERE SUCH AS A
17
DEPOSITION NOTICE AND INSPECTION DEMANDS ETC. propounded by
18
19 ________________.
20 5. _______________ objected to the deposition and the inspection demands on the grounds that
21
LIST HERE THE GROUNDS FOR OBJECTION THAT ARE IN DISPUTE
22
6. Before filing this Request, I made a reasonable and good faith effort to resolve informally
23
each of the issues presented by this motion by LIST HERE YOUR EFFORTS SUCH AS
24
26 relevance of each of the topics to be covered at the deposition and each of the disputed inspection
27
28
- 4 -
REQUEST FOR INFORMAL DISCOVERY CONFERENCE
1 demands. A true and correct copy of said letter dated _________ is attached hereto as Exhibit “1”
2 and incorporated herein by reference.
3
7. I then called ____________to discuss the disputed issues. While we were able to resolve
4
certain issues, the following issues were not resolved: LIST HERE THE UNRESOLVED ISSUES.
5
6
I declare under penalty of perjury under the laws of the State of California that the foregoing
7 is true and correct and that this declaration is executed on _________ at __________, California.
8 _______________________________________________________________
9
NAME OF PERSON SIGNING DECLARATION
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -
REQUEST FOR INFORMAL DISCOVERY CONFERENCE
1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
3
I am a resident of or employed in the county where the mailing occurred; my business
4 address is: ADDRESS OF PERSON MAILING PAPERS.
5 On _______________,20___, I served the foregoing document(s) described as:
6
REQUEST FOR INFORMAL DISCOVERY CONFERENCE to the following parties:
8 [X] (By U.S. Mail) I deposited such envelope in the mail at ______, California
9
with postage thereon fully prepaid. I am readily familiar with the regular and
customary business practice of this office in which mail is duly deposited in
10 the United States Mail at __________, California on the date that it is mailed.
Under the practice it would be deposited with the U.S. Postal Service on that
11 same day with postage thereon fully prepaid at _____, California in the
ordinary course of business. I am aware that on motion of the party served,
12
service is presumed invalid if postal cancellation date or postage meter date is
13 more than one day after date of deposit for mailing in affidavit.
16 [ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
17 complete and without error.
18
I declare under penalty of perjury under the laws of the State of California that the foregoing
19 is true and correct.
20
DATED: ________________, 20___.
21
22 _______________________________________
NAME OF PERSON MAILING PAPERS
23
24
25
26
27
28
- 6 -
REQUEST FOR INFORMAL DISCOVERY CONFERENCE