Monday’s post on discovery gamesmanship cases proved to be one of the most criticized posts in the history of this blog.
On Tuesday Chancery Court Judge Larry Primeaux of Meridian gave his thoughts on how to handle discovery gamesmanship in this post on his blog.
The prevailing theme in Judge Primeaux’s post is that lawyers let too much slide in discovery:
In my experience, most attorneys are too accommodating when it comes to discovery. You don’t want to press too hard because “what goes around, comes around.” You call the other attorney who promises the answers “in a few days,” and that stretches into a few weeks and months. You hate to file a motion because you don’t want to be disagreeable. The common thread is that these approaches are absolutely ineffective.
The entire post is worth reading and Judge Primeaux’s blog is a great resource for chancery court practice issues.
Commentors to my Monday post thought I was overly critical of Judge Mills and too easy on the City of Jackson. The sense that I get from the comments is that emotions are running high within the bar on the issue of gamesmanship in discovery.