Plaintiff Nicole Jacksons LLCs (1) Motion To Compel Further Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (2) Motion To Compel Further Responses To Requests For Production, Set One; Request For Monetary Sanctio ..s to Compel Further Responses on September 12, 2019. The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories. In addition to these standard interrogatories, you are limited to fifty (50) more questions unless you have a court order permitting more. try clicking the minimize button instead. Twitter Poll Decides Future of Twitter, The New Twitter: The Bad Boss May Be A Hero for Exploited Children. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests. State law generally requires the principal-agent relationship be disclosed. The more impactful and potentially costly of the two, SB 370, amends . The party making the demand may move for an order compelling response to the demand. (added eff 6/29/09). (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586-1587 (the fact that a party does not have a right to have a discovery motion heard after the discovery motion cutoff date does not mean the court has no power to hear it, or that the court errs in hearing it.)), A party may obtain relief from a waiver of objections to interrogatories and a request for production when the party subsequently serves responses and the failure to serve a timely response was the result of a mistake, inadvertence, or excusable neglect. CCP 2031.280(a). If an objection is based on a claim of privilege, the particular privilege invoked must be stated. The statement must set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. OnLaw. Step 5: Retain Your Documents. In California court, substantive discovery responses must be verified. Email us a hw@henningwallacelaw.com with any questions or comments. See CCP 2030.250(a),(c), 2031.250(a),(c), 2033.250(a), (c) and Cal. Step 1: Determine if Bringing a Motion to Compel Is Proper. The court for good cause shown may grant leave to specify an earlier date. The statutes all contain the same language, but its not that easy to decipher. CCP 2031.030(c)(4). 1000 " (a) The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. Depositions tend to start on time, breaks tend to be shorter, distractions are minimized, and the preparation and management of the exhibits is streamlined. 2d 209 (imposition of fine and/or attorneys' fees for failure to produce is possible sanction). The Legal Help Centers (see page 1) can explain the process. Discovery responses are often served after a motion to compel is already filed. Plaintiff Mercury Insurance Companys Motion to Compel Further Responses to Form Interrogatories, Set O ..Centinela Gas Station, Inc. (Centinela) (collectively, Defendants). (CCP 2030.300) Step 1: Carefully Review All the Requests. Ct. (1988) 206 Cal.App.3d 632, 636.) (amended eff 6/29/09); CRC 3.250(a) and (b) (renumbered eff 1/1/07). CCP 2031.285(a). Now, it is confirmed that the 45 day deadline does not start counting down until verified responses are served. Normally, a discovery procedure brings to light some information that would help either party analyze their respective strengths/weaknesses and their chances of successfully litigating the case. Rule of Court Changes for Remote Depositions, You Harm Your Clients Interest When You Craft or Transmit Evasive Discovery Responses. If you asked the plaintiff to provide the contract that says you owe the debt and the Plaintiff did not provide it, tell the judge. M John H. Beisner, Discovering a Better Way: The Need for Effective Civil Litigation Reform, 60 D. UKE. Under oath means that the person who is testifying is sworn, under penalty of perjury, to tell the truth. 4. Trial courts are prohibited from using fee awards to punish misconduct unless the Legislature, or the parties, authorized the court to impose fees as a sanction. [510]. The response must be signed under oath by the responding party and the attorney. In the event that an extension of discovery deadlines is necessary, we recommend seeking consent from opposing counsel and/or relief from the court . This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. (Code of Civ. if youre involved in a civil lawsuit or a family court case, both parties are entitled to conduct discovery. California Code of Civil Procedure (CCP) 2031.210 et. Amit Lal vs University of the Pacific, a California Corporation et al. (amended eff 6/29/09). R. Civ. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Create a free website or blog at WordPress.com. The California Supreme Court granted the petition for review on January 25, 2023. II. A physical exam would not, nor would a response be required to a deposition. (a) A defendant may propound interrogatories to a party to the action without leave of court at any time. Interstate Mail. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The court must impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. Below is a list of scenarios with the applicable statutes and case law regarding the different responses you may receive. Clarify that Witness Refuses to Answer. The sample at the end of this Guide includes the four most common responses to a request for production, and includes the legally required statements. If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law. To ensure the cases are resolved on their merits, our judicial system allows both parties to engage in what is called discovery. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. ), Sanctions include attorney's fees. Privacy | If the party was served by mail, the deadline for any response to the document is extended by 5 days . 32. Additionally, because the RFAs were served by mail (see Doc. The Rule 26(b)(1) standard is narrower than the discovery allowed under Florida Rule of Civil Procedure 1.280. See VidalSassoon, Inc. v. Superior Court (1983) 147 Cal. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS (b) If that party is a public or private corporation, or a partnership, association, or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. Section 2023.030does not independently authorize the court to impose sanctions for discovery misconduct.[501-503][emphasis added], The court stated that trial courts have inherent authority to imposenon-monetary sanctions that are necessary to remedy misconduct and ensure a fair trialbut trial courts may award attorney fees as a sanction for misconductonly when authorized by statute or an agreement of the parties. Electronic Access: On the Law Library's computers, using . Proc., 2025.450(b)(2), 2030.300(b), 2031.310(b). Stipulating parties will also be required to supplement or correct their responses as additional information becomes available. MOTIONS It is very important that the final request says in it, the defendant can request a dismissal of the case or a final judgment if the plaintiff does not provide him/her with answers.. Should You Amend Your Interrogatory Responses? Please remember that each bin is exactly the same size and is filled . ( When filing a lawsuit in California, the original complaint may be either verified or unverified. This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. CCP2030.310(a), 2030.410. 5 1. Accessing Verdicts requires a change to your plan. (amended eff 6/29/09). Federal Rule of Civil Procedure 33(b)(5) requires the attorney to sign the objections and the client to sign the answers. SmartRulesCaliforniaResponse to Request for ProductionGuides, Response to Request for Production in the United States District CourtAt A Glance, Response to Request for Production in Illinois Circuit CourtAt A Glance, Alex Murdaugh Found Guilty On All Charges, International Shoe The Case That Keeps on Giving, Motions An Overview for Civil Litigation. (1) Number. Also check out the step-by-step advice in CEBs ObtainingDiscovery: Initiating and Responding to Discovery Procedures. CCP 2031.300(c). Service may be made by fax on written agreement of the parties. California Code of Civil Procedure provides that only an "officer" or "agent" may verify . VERIFICATION FORM No. a private corporation's responses to interrogatories, requests for admissions, or requests for production . CCP 2031.240(b). See CCP 2030.290(b), 2031.300(b) and 2033.280. HEARING DATE: importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.". On March 18, 2019, Plaintiff and Centinela filed a stipulation agreeing to set aside the default and allowing it to file a responsive pleading. Although a small number of courts have viewed abusive discovery practices through the lens of ethical violations, 4. it is considerably more . CCP 2031.210(a). The (a)Time for response. There is absolutely no reason to require a party to verify an objection. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial. 2030.300(a).) (amended eff 6/29/09). Co. v. Sup. I. During the deposition, lawyers will ask questions of the witness, and the answers are recorded by an official court reporter. After five or six hours, as fatigue sets in and the coffee wears off, attorneys may become less vigilant, and witnesses may become more bold, answering questions that that they should not, and answering them faster than counsel can object. 10 Evangelos v. Dachiel 553 So. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim must be expressly asserted. (b) If that party is a public or private corporation, or a partnership, association, or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. (eff 6/29/09). (Code Civ. Proc., 2033.290(a).) 2. Under Appleton v. Superior Court, 206 Cal.App.3d 632, 636 (1988), unverified responses were considered the equivalent of no responses at all, so the state of the law was unclear as to when the 45 day countdown began because it was unclear if the 45 day countdown started only once a verification was received. Proc., Verifying the responses is also a good opportunity to update your client on the case. Practical Last Day to Serve Discovery (and be able to make a motion on it) 90-100 days before trial.Dec 3, 2020. (amended eff 6/29/09); CCP 1013. Using discovery to reach evaluation, mediation and trial goals. The plaintiff must give you responses to the request for interrogatories within 45 days of when you mailed the request. P. 33 (a) (1). Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. (d)(2), 2033.210, subd. If only part of an item in a demand is objectionable, the response must contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. 2023.010. Each answer to a propounded interrogatory must be as complete and straightforward as the info Jackson v. Feraj, et al. Civ. See Golf & Tennis Pro Shop, Inc. v. Superior Court, 2022 Cal. Last. CCP 2031.290(a). CCP2030.310(a) (except that CCP 2016.060, 2024.0102024.060 provide for a cutoff time by which all discovery, including responses, must be completed). If the attorney is wrong, the court will so decide after conducting the appropriate proceedings to determine if, for instance, the claim of privilege lies. Your responses must be "verified," meaning that you must sign under penalty of perjury that your responses are true and correct (CCP 2030.250). Ct. (1988) 202 CA3d 339, 344. Fax service completed after 5 p.m. is deemed to have occurred on the next court day. Continue Reading Rule of Court Changes for Remote Depositions, That is what the Eighth Division of the Second District Court of Appeal said in their opinion in Beth Field v. U.S. Bank National AssociationB309111 filed on June 9, 2022. ), The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. In this scenario the moving party can simply take the motion off calendar. Rule 33 - Interrogatories to Parties. When a responding party discovers an error in the initial response or acquires information that would affect the initial response, amending an answer may be the wisest course because it avoids the arguments of surprise and the possibility of the court granting a continuance at trial or excluding the new information altogether. As reported by the Consumer Attorneys of California and California Defense Counsel to the California Legislature, " [o]ften responsive discovery simply hands over reams of documents without specifying the specific demands they are responsive to, leaving the requesting party to make the connections." Code Compliant Demand, Responses and Objections, California Rules of Court, Rule 3.1010 titled Oral depositions by Phone, videoconference, or other remote electronic means, Beth Field v. U.S. Bank National Association, Karton v. Ari Design & Construction Inc. (2021) 61 Cal.App.5th 734, 747. (amended eff 6/29/09). If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. 2030.020. Co. v. Sup. (added eff 6/29/09). Each supplemental response must be identified with the same number or letter and be in the same order as the request to which it responds. I hope you find it as helpful as I did. Your role at Made Tech. 2023.010 not one of the six discovery devices sanction statutes and it included expenses that appeared unrelated to a specific discovery abuse. CEB BLOG: Should You Amend Your Interrogatory Responses? After being notified of a claim of privilege or of protection, a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim. And theres no limitation on when an amended response may be served. On January 1, 2023, fellow San Francisco Superior Court Pro Tem Discovery Judge, Douglas Robbins, published The California Discovery Manual 2023, which is full of helpful Practice Notes.One such practice note titled Responding to Refusalsto Answerprovides a strategy when a deponent refuses to answer the question posed due to the instruction by their attorney not to answer. (amended eff 6/29/09). Send a Meet and Confer Letter#N#Upon receipt of objections to document requests, the propouding attorney should send a meet and confer letter to the responding attorney.#N#A meet and confer letter identifies all of the deficincies in the response, and asks that all requested documents either be produced, or at least specifically identified so that the court can order production.#N#The meet and confer letter satisfies the requirement under California law of attempting to informally resolve a discovery dispute prior to making a motion to compel production of documents.. Conclusion#N#Documents are critical to a case.#N#Accordingly, everything should be done both to request all pertinent documents, and to compel production of such documents if the other side fails or refuses to produce them.#N#Prior to bringing a motion to compel, the propunding party should make every effort possible to resolve the dispute.#N#If, despite these efforts, the responding party refuses to produce requested documents, a motion to compel should be promptly made.#N#In this motion, the propounding party should ask that the other side be ordered to produce all requested documents, and sanctioned for not doing so voluntarily.. If the responding party objects to the demand, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand. Proc., 2030.290(a), 2031.300(a).) When running up against a discovery deadline, seek an extension if your client needs time to search for documents, review the responses for accuracy, or sign the verification. (2) Set forth clearly the extent of, and the specific ground for, the objection. CCP 2031.300(d)(2). Legal Standard By failing to respond to an inspection demand, the offending party waives any objection to the demand. Where the party to whom the interrogatories are directed is a public or private corporation, interrogatories must be answered under oath "by any officer or agent, who must furnish the information available to the party." Fed. On January 1, 2022, California Rules of Court, Rule 3.1010 titled Oral depositions by Phone, videoconference, or other remote electronic meanswas modified to reflect the practicalities of what we learned the previous two years regarding remote depositions. RESPONSES WITH ONLY OBJECTIONS Need to bring the motion within 45-days of service of the response. Those statutes for protective orders and motions to compel areCode of Civil Procedure 2025.410, 2025.420, 2025.430 and 2025.440 for depositions, 2030.090, 2030.290 and 2030.300 for interrogatories, 2031.060, 2031.300 and 2031.310 for requests for production, 2032.030, 2032.240, 2032.250, 2032.410. All rights reserved. A sample verification clause that may be used in civil litigation in California superior court. If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may seek a determination of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal. THOMPSON VS CONTINENTAL LABOR RESOURCES, INC. ORDER GRANTING PLAINTIFF MATS ENGSTROM'S MOTION TO COMPEL DEFENDANT TNC, L, MATS ENGSTROM et al VS. TSAR NICOLAI CAVIAR, LLC et al, Motion to Compel 12/04/2018 - Motion to Compel, Motion to Compel Further Responses to Interrogatories, Motion to Compel Responses to Request for Production of Documents, Motion to Compel Deposition of Person Most Qualified (PMQ). Conclusion Continue Reading What Lawyers are Getting Wrong in Virtual Depositions. P. 26(b)(1). A representation of inability to comply must affirm that a diligent search and a reasonable inquiry has been made. Maintained California. Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using or disclosing the specified information until the claim of privilege is resolved. Consultants (2007) 148 Cal.App.4th 390, 405.). (b) A motion under subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. The responding party has 30 days after the service of requests to object and answer. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 40 written interrogatories, including all discrete subparts. by clicking the Inbox on the top right hand corner. Ct. (1988) 206 Cal.App.3d 632, 636.) Remember, Its Not a Game Discovery ( and a lawsuit) isnt a game of hide the ball.. Tagged with 45 days, AB 1183, California, deadline for motion to compel, discovery, motion to compel, verifications, verified responses. (See also Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892-893 (trial court did not abuse its discretion in denying plaintiffs motion to compel discovery as plaintiffs separate statement did not comply with the rules of court); Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145 (trial court properly denied motions to compel discovery because of nonconforming separate statements). We noticed that you're using an AdBlocker, Motion to Compel Discovery Responses (CCP 2030.300). (CCP 2031.250). (amended eff 6/29/09). (amended eff 6/29/09). Your alert tracking was successfully added. Proc., 2025.450(c)(1). "Fairness" is indeed the operative word. See. (amended eff 6/29/09). Without much fanfare, an important amendment was recently made to the Discovery Act. Your subscription has successfully been upgraded. If the date for inspection has been extended, the documents must be produced on the date agreed to. CRC 2.306(a)(renumbered eff 1/1/08). v. Drew (1989) 207 Cal.App.3d 1287, 1297.) CCP 2031.210(b). Copyright 2022 Attorney-FAQ.com | version 5.1.20 (commit d0adbc) Laravel v 8.83.26 | (PHP v8.1.16), Home (current) | CCP 2031.285(c)(1). Salary: UK: 63,000 - 90,000. The basic answer is this: other discovery devices are meant to obtain evidence for trial, but an RFA is meant to eliminate the need for such proof. See CCP 2030.290(b), 2031.300(b) and 2033.280. A supplemental expert is one that was disclosed twenty days after experts have been disclosed and is pursuant to Code of Civil Procedure section 2034.280 and is allowed to provide expert testimony. Electronic Access: On the Law Library's computers, us ing . What Lawyers are Getting Wrong in Virtual Depositions. Discovery is an umbrella term with a few different meanings. The motion was brought post-trial and only relied on C.C.P. CCP 2031.285(c)(2). Proc., 446, 2015.5) For instance, an attorney may request access to . Disclaimer | Otherwise, the award of sanctions is improper. Allow counsel to save face, perhaps by meeting and conferring in the hall, outside the clients earshot. Still, other judges require that a motion to compel . RESPONSES WITH ONLY OBJECTIONSNeed to bring the motion within 45-days of service of the response. Background If a party failed to serve their expert disclosure statement on time, they may bring a motion pursuant to C.C.P 2034.710 for an order to submit a tardy expert witness list. Days after an unsuccessful mediation, you are served with 75 requests for admission, 60 special interrogatories, Form Interrogatory #17.1 and 100 requests for documents. The Fourth District Court of Appeal in the case of Golf & Tennis Pro Shop, Inc. v. Superior Court, 2022 Cal. Once [a party] fail[ed] to serve a timely response, the trial court had authority to grant [opposing party's] motion to compel responses. (Sinaiko Health. (2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item. We have notified your account executive who will contact you shortly. Reproduced with permission of Continuing Education of the Bar California (CEB). Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Link to codes:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2030.210-2030.310, Filed under Civil Procedure, Discovery, Uncategorized We used a mouse xenograft model to verify the putative tumor suppressor role of MESP2 in vivo, and discovered that knockdown of MESP2 promoted tumor growth and volume (Fig. But the court allowed the late motion to compel if the moving party undertook some steps. 4 Unless the parties otherwise agree or the court otherwise orders, the following shall apply: (1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party must produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable. What facts or witnesses support your side. To view the verified credential of an Expert, click on the "Verified" symbol in the Expert's profile. . That being said, however, the party can be impeached with a prior interrogatory answer. adjective. G CHECK APPLICABLE PARAGRAPHS G I am a party to this action. Depositions A deposition is testimony that is given under oath. Hearing Date: Try asking the objectionable questions later in the day and see if you can get what you need. Responses to requests for production are due within thirty (30) days (five (5) days in unlawful detainer actions) if the requests were personally served, thirty-five (35) days if the requests were served by mail, and thirty (30) days plus two (2) court days if the requests were served by express mail or facsimile or electronically. In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party. Seek an extension. Earlier this year, California Governor Gavin Newsom signed into law two bills authored by Senator Tom Umberg (D-Orange County), SB 370 and SB 17, which make changes to civil discovery procedures that are sure to affect all California litigants and civil litigators next year. The party served with a document production request has 30 days to respond. Relating to a demand for production of documents, California Code of Civil Procedure section 2031.250 provides as follows: Avoid the temptation to take shortcuts by forging your clients signature or using your clients electronic signature without permission. Proc., 2031.310(c); 2030.300(c). Specify any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that activity will permanently alter or destroy the item involved. (e)(2).) The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. agents who can verify its discovery responses"); Mowry v. Superior Court, 202 Cal.App.2d 229 (1962) Generally speaking, the party who receives these questions has 30 days to answer them. When does the 45 days to bring a motion to compel further responses to RPD begin? Your answers must be as complete and straightforward as possible (California Code of Civil Procedure (CCP) 2030.220), and be accurate to the best of your knowledge. ), Personal Injury Non-Motor Vehicle Unlimited, PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, 1 In Order to Facilitate the Discovery Process--Serve Your Discovery in Electronic Form, Why You Need to Bring that Motion To Compel Further Responses to Interrogatories, To Sign or Not to Sign Your Proof of Service, Code Compliant Demand, Responses and Objections. Dont confuse amended answers to interrogatories with supplemental responses: For expert guidance on all aspects of propounding and responding to interrogatories, turn to CEBs California Civil Discovery Practice, chap 7. Proc., 2030.260(a), 2031.260(a). (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1986, and July 1, 1987.) Change), You are commenting using your Facebook account. Possessing power of attorney does not excuse forging the clients signature. CRC 2.306(g)(renumbered eff 1/1/08). Legal Standard ), Note, in Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588, the court held that, [b]y simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court transgresse[d] the confines of the applicable principles of law and thereby abused its discretion. (citing, in part, City of Sac. Proc., 446) Declaration under Penalty of Perjury Form (Code Civ. (eff 6/29/09). This change has brought some major benefits for counsel, witnesses, and the court reporters/videographers who are critical to the proceeding: there is much greater flexibility for all involved, as they are no longer required to travel to and from their offices or homes for each deposition, they do not need to carry their files or equipment to and from the deposition location, and they can now attend from anywhere, at any time, with a reliable internet connection. 3d 681 at 683-684and Sexton v. Superior Court (1997) 58 CA4th 1403, 1409-1410, The court may toll the deadline for filing a discovery motion if an Informal Discovery Conference is requested pursuant to CCP 2016.280. If you wish to keep the information in your envelope between pages, A verified complaint also forces the defendant to respond to the lawsuit with a verified answer. Civ. Rule 3.4, Fairness to Opposing Party and Counsel, is the key rule on a lawyer's professional responsibilities when preparing a case for trial.