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Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (a)Motion for an Order Compelling Disclosure or Discovery. (1)In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
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.
If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
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.
This notice is also referred to as a Duces Tecum in some jurisdictions. Whatever the nomenclature, the notice requests pertinent documents that allow the opposing lawyer to follow up on questions with the produced documents. It is a very valuable pleading in many civil litigation cases.
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.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.