§37.4 Comparison with Federal Rule

• Jurisdiction: Washington

§37.4 COMPARISON WITH FEDERAL RULE

Although CR 37 is largely based on FED. R. CIV P. 37, there are some substantive differences between the state and federal versions of the rule.

First, CR 37(a) states that a motion for an order compelling discovery may be made "to the court in the county where the deposition was taken, or in the county where the action is pending ...." FED. R. CIV P. 37 omits this language.

Second, FED. R. CIV P. 37(a) provides that a motion compelling discovery from a party must be made in the court in which the action is pending. A party who is dissatisfied with the initial "laydown" disclosures required under FED. R. CIV P. 26(a) may move for an order compelling disclosure. Amotion to compel must include a certification that the moving party has undertaken a good faith effort to confer, or attempt to confer, with the opposing party to resolve the discovery dispute before seeking the assistance of the court. Under FED. R. CIV P. 37, a moving party is not entitled to an...