Indiana Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum
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FAQ
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
Summary. This discovery deficiency letter is a standard form that attorneys can use in a federal court litigation to facilitate a discussion with opposing counsel concerning his or her failure to respond to discovery requests or provision of inadequate, incomplete, or otherwise deficient responses.
As a rule, lawyers should avoid carbon copying or blind carbon copying clients on email, especially those to opposing counsel. And if doing so is necessary, the lawyer should first explain to the client why the lawyer is using CC or BCC, and that the client should not respond to all.
Some are, some are not. The general rule is that all communications between parties is open and unprotected . However an exception applies to communications as part of an effort to settle the case. It is wise to head all such communications with the words ??Without Prejudice".
When you are emailing the opposing counsel, always be mindful of your tone, words, and spelling. Double-check and then check again before entering an email address in the ?To:? line and hitting ?send.? Make copies of all correspondence and never copy or blind carbon copy your client in emails with the opposing counsel.
A subpoena duces tecum is a court order that requires the subpoenaed individual to produce evidence such as documents or records at a specified time and place in a court hearing. This is usually part of the pre-trial discovery process.
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.
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
