- 8 - shall annex thereto the request, with proof of service on the other party, together with the response and objections if any. Prior to moving for such a ruling, neither the request nor the response shall be filed with the Court. If we assume that petitioner’s discovery request is a request for production of documents, from the above it can readily be seen that petitioner’s informal discovery request was commenced less than 30 days prior to trial and could not possibly have been completed “no later than 45 days prior to the date set for call of the case from a trial calendar.” Rule 70(a)(2). Moreover, petitioner failed to file an appropriate request for review of respondent’s failure to respond in accordance with Rule 72(b). Petitioner merely complained about it. Accordingly, petitioner’s unsuccessful discovery request is not grounds to grant his motion and sanction respondent. The fact that respondent made an equally unenforceable informal discovery request, with which petitioner attempted to comply, is irrelevant. As indicated in respondent’s informal discovery request, petitioner was requested to bring numerous documents. In attempting to comply with this request, petitioner assembled two boxes of records, one of which he painfully carried from the parking lot at respondent’s office building to the conference. Petitioner complains that respondent failed to look at any of the documents he had brought. Notwithstanding respondent’s rejectedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011