000252	05whyte_wmp_a_16.wma
000000	MARK SMITH:  So I've heard before, it's sometimes difficult for judges to rule on some discovery disputes that parties are having, due to not being very much into the case at that point.
000014	How do you handle these discovery disputes that the parties can settle between themselves, and what advice would you give to any attorneys that can maybe highlight the importance
000025	or background information that go along with these disputes?
000030	JUDGE WHYTE:  Well, we, in the San Jose Division, tend to send our discovery disputes to a magistrate, so I get out of it that way most the time.
000045	I also think that most discovery disputes in the long run aren't very important in the sense that what seems like a big deal today, two weeks from now may not seem like such an important matter.
000102	I do think it's difficult for a judge to put the discovery dispute in context sometimes, particularly when there's accusations back and forth as to who did what to whom, when.
000117	And I've heard many attorneys say, well, if the judge would just spend the time to dig through the file, he or she could figure that out.
000127	I don't think that's true.
000132	Certainly in some cases that could be done, but I can tell you from experience that I've spent lots of times on occasion going through, 
000142	trying to figure out who did what to whom and who was responsible for the problem, and it's very difficult to figure it out sometimes.
000151	So number one, I would encourage avoiding discovery disputes as much as possible.
000158	Judges don't like them, and as I say, I think normally they're unnecessary.
000206	Secondly, I do think you have to recognize that you've got to present it in a way that a judge can absorb it in a reasonable amount of time.
000217	And you've got to make clear what it is you want and why.
000223	And I also tend to think that good lawyers don't get into discovery disputes very often, and again, here's an area where your reputation really is important.
000243	If you're known to be one that's constantly in discovery disputes, I think it's not helpful to your position.