Walt sat down at his desk and began skimming through the opposition’s responses to his discovery. The more he read, the angrier he became. “Objection …. Objection… Objection …” Before the responses could hit the floor, he was hammering away on an email:
Re: meet and confer
Gustavo:
This email serves as my effort to meet and confer under the rules. I have received and reviewed your objections to my discovery. They are without merit and frivolous. Please respond by providing all documents and interrogatory answers by tomorrow by 3:52 p.m. or I will file a motion to compel. Thanks.
Walt
Moments later, Gus glanced at his iPhone and looked to clear that annoying red badge in the corner of his email app icon. Walt’s “meet and confer” email was not well received. Gus was quick to respond:
I got your email. My objections were proper. It is your discovery requests that were frivolous. And if you remember, in Utah it’s no longer called a motion to compel, it’s called a statement of discovery issues. See you in court. Gus
Sent from my iPhone
After this brief exchange, can Walt properly certify that he conferred in good faith with opposing counsel? Surely not. To meet and confer in good faith takes more. Under Utah’s federal local rules it requires, “[a]t a minimum, … prompt written communication sent to the opposing party: Continue reading The Meet and Confer