Delaware Sample Letter to Client Instructing on Answering Discovery

State:
Multi-State
Control #:
US-0463LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ

Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.

If you object to a discovery request, generally you have to let the other side know that you are not giving him/her documents that s/he has asked for.

This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.

Good faith is a legal term that describes the intention of the party or parties in a contract to deal in an honest manner with each other. In contracts, the parties signing abide by and uphold the contract. It requires people to act honestly without taking advantage of others.

Begin by explaining that the case has reached the discovery stage and what that means. Something like this: At this stage of the pending action, all parties are subject to procedures called ?discovery? that allow each party to obtain information and documents relevant to the case.

Discovery: Responding to Requests for Production or Inspection Complete Your Written Responses. Objections. Make Copies. Have Your Response Served. Retain Your Response and Proof of Service. Produce the Requested Documents and Things.

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Delaware Sample Letter to Client Instructing on Answering Discovery