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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 rejected
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