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The rule requires the parties conduct the meet and confer as soon as practicable, and in any event at least 21 days before the initial scheduling conference or order is due. A motion to dismiss does not generally stay discovery, so be ready to move for a stay or proceed with the FRCP 26(f) meet and confer.
If you actually served responses, there is a meet and confer requirement and the court may not even hear the motion on its merits if you have not met and conferred prior to filing the motion. If the court does hear the motion, it may sanction the party that failed to meet and confer.
The amended FRCP 30(b)(6) specifically requires that: Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. The amendment also mandates that a subpoena to a nonparty organization advise of the duty to confer with
Before filing a demurrer, parties in a civil action must now meet and confer at least five (5) days before the responsive pleading is due. Civil Procedure Section 430.41(a). The meet and confer must be done in person or by telephone.
demurrer A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue . A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action.
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