Using RFAs to Deal with Less than Forthcoming Lawyers

Experience really is the best teacher. I have a case where opposing counsel routinely responds to discovery requests with baseless objections. It's a real pain trying to get the case moved when the other side won't provide you with the names of company witnesses or documents that supposedly support certain defenses.

I'm hesitant to file a Motion to Compel and seek sanctions at this point in time because there are more pressing matters in the case to address and it's just plain too early to cry foul in front of the judge.

So for now, I'm laying the groundwork for a swift execution through RFAs like these (let's hope):

1. Admit or deny that you have produced all discoverable documents in your possession responsive to Request for Production No. 1.

2. Admit or deny that you have produced all discoverable documents in the possession of any of your agents, affiliates, or persons within your control responsive to Request for Production No. 1.

3. Admit or deny that you have reviewed all relevant internal files in your possession in connection with your identification of potential fact witnesses.

4. Admit or deny that you have disclosed the names of all potential fact witnesses known to you.

5. Admit or deny that you have disclosed the names of all potential fact witnesses that should, in the exercise of due diligence, be known to you.

6. Admit or deny that you are not withholding any document or material that should, under the Rules of Discovery, be produced in response to Request for Production No. 1.

7. Admit or deny that each objection you have made to any disocvery request above is supported by a specific Rule of Procedure and at least one published opinion from a court of record in this State.

8. Admit or deny that you will not attempt to supplement your discovery responses with documents or material that are presently in your possession.

9. Admit or deny that your attorney has read your discovery responses.

10. Admit or deny that you have read your discovery responses.

Now, let's see what happens when 1 month before trial a mountain of supplemental information is produced and new witnesses pop up.