Recommendation to Chief Judge DiFiore for Expeditious Resolution of Discovery Disputes

SUMMARY

The Tort Litigation Committee (Brett Nomberg, Chair) sent a letter to Chief Judge Janet DiFiore recommending an addition to the Uniform Rules to permit an expedited discovery conference—without the need for formal motion practice—in order to resolve discovery issues promptly and thereby reduce court congestion. The new rule would permit a party to request a conference by letter to the court, copied to all parties, stating that there is a discovery dispute that could not be resolved despite good faith efforts and which requires court intervention. The letter should (a) identify the precise discovery dispute to be addressed at the conference; and (b) state that the parties have conferred in good faith in an effort to resolve the dispute. The Committee recommends that the conference be scheduled within 14 days of the court’s receipt of the letter, and that the rule specify certain limitations with respect to timing and length of the letters.