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To be clear, attorneys cannot, under normal circumstances, turn against their clients. This breaches the default duty of trust, marking a grave departure from the traditional scope of an attorney's obligations.
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.
Hear this out loud PauseCourts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
Hear this out loud PauseIf you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
Hear this out loud PauseOther sanctions may also be applied, including payment of attorney's fees or monetary fines. If the opposition continues to disregard the court order to compel, the requesting party may submit a second ?motion to dismiss for failure to comply with the court's order to provide discovery.?
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.
Hear this out loud PauseIf the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information.
If the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information.