Discovery and Deposition Dispute Order

Discovery and Deposition Dispute Order
Revised April 29, 2009

When a case has been assigned for trial, any Practice Book Chapter 13 motion directed to discovery or deposition issues filed within six months of the trial date shall be heard by the presiding judge of the judicial district or a designee. The party seeking resolution of a discovery or deposition dispute shall promptly notify the caseflow coordinator so that the matter may be scheduled for a hearing forthwith; the motion shall not be placed on the short calendar.

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Any such motion shall be accompanied by an affidavit of counsel certifying that bona fide attempts have been made to resolve the matter(s) at issue and counsel have been unable to reach an accord. The affidavit shall detail the communications held or attempted in an effort to resolve the issue including the date, time and participants in each such communication.

The party seeking resolution of a deposition dispute may request assistance with the resolution of the dispute via teleconference with the presiding judge of the judicial district or a designee, by contacting the caseflow coordinator for the district. If, after discussion of the matter with the presiding judge or a designee, the parties are unable to resolve the dispute, a hearing shall be held as soon as possible.

The judicial authority may make any appropriate order including the imposing of sanctions pursuant to Connecticut Practice Book Section 13-14. Failure to abide by such orders shall subject the offending party to nonsuit or default. Outstanding discovery or depositions shall not delay the commencement of trial.

Barbara M. Quinn
Chief Court Administrator

Arthur A. Hiller
Chief Administrative Judge, Civil Division

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