Bar Bulletin

Bar Bulletin

CR 26(i): Shift the Burden of Discovery Disputes to the Parties

january 2018 bar bulletin

By Dominique R. Scalia

Members of the King County bar recently enjoyed the opportunity to hear from the bench at this year’s KCBA Bench-Bar Conference. In one panel — my favorite of the day — several judges reflected on discovery rules and the bar’s complaints regarding their inconsistent application. When asked specifically about the CR 26(i) requirement that parties meet and confer before filing discovery motions, one judge stated that she always enforces the rule — refusing to consider a motion if the requirement has not been met — while another stated that she often disregards the rule and considers the motion...

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