- 6 - petitioner had not yet responded to respondent’s proposed supplemental stipulation of facts or to informal requests for information and documents. Respondent represented that only slight progress had been made in preparing this case for trial since the May 15, 2000, calendar call. On August 8, 2000, petitioner served requests for admissions and interrogatories on respondent. Petitioner failed to seek informal discovery from respondent prior to initiating formal discovery. See Rules 70(a)(1), 90(a); Branerton Corp. v. Commissioner, 61 T.C. 691, 692 (1974).3 As a result, respondent filed a motion for protective order pursuant to Rule 103(a)(2). The Court denied that motion as moot because of subsequent events. In a telephone conference call held to resolve discovery issues on August 23, 2000, the Court again ordered petitioner to produce to respondent, on or before September 14, 2000, all documents and records organized by year and category of expense with the self-executing sanction that any documents or records not produced by that date would not be allowed into evidence at the trial scheduled to begin on October 25, 2000. 3 Requiring that parties make reasonable informal efforts to obtain needed information voluntarily before resorting to formal discovery.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011