Resolving Discovery Disputes in Federal Courts
By Alyson Berg & Kristina Doan Strottman
As discovery disputes continue to consume judicial and party resources, federal courts have begun experimenting with alternative methods for resolving disputes in a more cost-effective and efficient manner. Federal magistrates, who are typically delegated authority to resolve discovery disputes in federal courts, have utilized a variety of procedures to achieve better results. As a result, a party seeking to raise a discovery issue cannot assume that filing a motion to compel is the first step. This article outlines several procedures adopted by magistrate judges for resolving discovery disputes, and concludes with suggested "best practices."
The Rise of Discovery Disputes in Civil Litigation