My Attorney Told Me They Need to Conduct a CR26(i) Conference… What Does That Mean?
At some point in your dissolution matter, you will have to conduct discovery. Discovery is the process by which both parties exchange information and documents, primarily financial. This can be done through agreement or through formal discovery, which consists of interrogatories and requests for production. Interrogatories are questions the client must answer under penalty of perjury, whereas requests for production are requests to produce documents.
When interrogatories and requests for production are served on the other party, the other party has 30 days to respond and provide the requested documentation. If your attorney has served the other side with formal discovery, and they have failed to provide any responses within 30 days, a CR26(i) conference will be the next step.
Civil Rule 26 lays out the general provisions regarding discovery. https://www.courts.wa.gov/court_rules/pdf/CR/SUP_CR_26_00_00.pdf
CR26(i) requires your attorney to engage in a conference with the other party’s attorney either by telephone or other remote means. Clients are not typically required to participate in this conference directly, as it is conducted between the attorneys. However, your attorney will keep you updated on the conference outcome and let you know about any new deadlines or next steps. This helps you stay informed about the progress of your case and what to expect.
What does this mean practically? Your attorney must get on the phone with opposing counsel, ask when they will produce the documents, and set a deadline.
If, after this conference, the opposing party still has not produced documents, then your attorney can move forward with seeking a Motion to Compel, requiring the other party to produce the requested documents. If the opposing party ignores the Motion to Compel or still fails to provide the documents after the court orders them to do so, the court may impose sanctions. Sanctions can include monetary fines, an order that certain facts be taken as true, or even a judgment against the non-complying party on specific issues. This step reinforces the importance of complying with discovery and helps ensure your case moves forward even if the other side is not cooperating.
Oftentimes, clients can become frustrated with the drawn-out process of discovery, but it’s important to understand that your attorney must take the proper procedural steps to preserve your rights.
If the other party in your case is not providing important financial information, talk to a Beresford Booth family law attorney today to find out what you should do next.
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