Virginia Sample Letter for Meeting Opposing Attorney
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How to fill out Sample Letter For Meeting Opposing Attorney?
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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.
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.
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.
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.
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.
Your meet and confer letter should look something like this: Dear Counsel; I am in receipt of your client's objections to our Request for Production of Documents, set #1 in the above entitled case. Below are a more detailed description of our problems with your responses.
A good faith attempt is more than arguing with opposing counsel. Instead, the law requires you to discuss the issues, compare views, exchange information (including statutes and case law supporting your position), and propose solutions to discovery fights without court interference.
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.
