Discovery Conference

To me, the most neglected part of Rule 26 of the Mississippi Rules of Civil Procedure is the use of a discovery conference.  I have successfully used it in a number of cases where the case has gotten stonewalled by an opposing party not wanting to turn over documents.  Rule 26 (c) provides that:

“(c) Discovery Conference. At any time after the commencement of the action, the court may hold a conference on the subject of discovery, and shall do so if requested by any party. The request for discovery conference shall certify that counsel has conferred, or made reasonable effort to confer, with opposing counsel concerning the matters set forth in the request, and shall include:

1. a statement of the issues to be tried;

2. a plan and schedule of discovery;

                         3. limitations to be placed on discovery, if any; and

4. other proposed orders with respect to discovery.

            Any objections or additions to the items contained in the request shall be served and filed no later  than ten days after service of the request.  Following the discovery conference, the court shall enter an order fixing the issues; establishing a plan and schedule of discovery; setting limitations upon discovery, if any; and determining such other matters, including the allocation of expenses, as are necessary for the proper management of discovery in the case. Subject to the right of a party who properly moves for a discovery conference to prompt convening of the conference, the court may combine the discovery conference with a pretrial conference authorized by Rule 16. The court may impose sanctions for the failure of a party or counsel without good cause to have cooperated in the framing of an appropriate discovery plan by agreement. Upon a showing of good cause, any order entered pursuant to this subdivision may be altered or amended.”

Notice the part of the Rule that says shall which removes the discretion element from the Court.  If you combine a discovery conference and later do a pretrial conference as allowed by Rule 16, you can essentially turn a state court action into a federal court action procedurally which can make it run a lot smoother and get justice for your client a lot quicker.