Making the Most of Informal Discovery Conferences

• Author: Hon. Karen L. Stevenson
• Pages: 18-19

18 | SEC TION OF LITIGATION

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iscovery disputes do not a lways have to result in

a motion to compel. Pre-mot ion conferences

with a magist rate judge can be an efcient and

cost-effect ive way to resolve nondispositive

discovery dispute s and keep the case moving for-

ward on the merits. I n fact, some magistrate judges, myself

included, requi re that the part ies participate in a premotion

conference with t he court before it will allow any part y to

le a discovery mot ion. In such cases, if you le a discover y

motion without rst h aving the inform al conference, the

court will l ikely strike the motion entirely and requi re that it

be reled (if at all) af ter the court’s conference.

Motion practice is ex pensive and usually cre ates weeks

of delay in resolving dis covery issues. The p arties must

prepare and le thei r briefs, the court may want to hear

oral argument , and then the cour t will typic ally need time

to issue its ruli ng. After all t hat, even more time is needed

for compliance with t he court’s decision.

Magistrate J udges Can Reso lve Discovery Dispu tes

Without Form al Motion Pract ice

Pre-motion conferen ces are withi n the discretion of t he

individual mag istrate judge as part of h is or her inher-

ent authority to manage cou rt proceedings. The advisor y

committee note s to the 2015 amendments to Fede ral Rule

of Civil Procedure 16 expre ssly acknowledge the cour t’s

authority to resolve discover y matters without formal

motions where appropriate, stat ing: “Many judges who

hold such conferences  nd them an efcient way to res olve

most discovery di sputes without the delay and bu rdens

Making the Most of Informal

Discovery Conferences

By Hon. Karen L . Stevenson, Litigation New s Associate Editor

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Published in Litigation News Volume 45, Number 2, Winte r 2020. © 2020 by the Ame rican Bar Associati on. Reproduced with p ermission. All rights r eserved. This in formation or any por tion thereof may no t be copied or disseminate d in any

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