Section 45-1561

Citation: Section 45-1561
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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*9 "Opposition to a motion is `substantially justified' if the motion raised an issue about which reasonable [persons] could genuinely differ on whether a party was bound to comply with a discovery rule." Smith v. Montgomery County, 573 F.Supp. 604, 614 (D.Md.1983), appeal dismissed, 740 F.2d 963 (4th Cir.1984); accord Harlem River Consumers Cooperative, Inc. v. Associated Grocers of Harlem, Inc., 54 F.R.D. 551, 553-54 (S.D.N.Y.1972); Fed. R.Civ.P. 37(a)(4) advisory committee note ("On many occasions, ... the dispute over discovery between the parties is genuine, though ultimately resolved one way or the other by the court. In such cases, the losing party is substantially justified in carrying the matter to court."). Cf. Reygo Pacific Corp. v. Johnston Pump Co., 680 F.2d 647, 649 (9th Cir.1982) (request for discovery substantially justified "if reasonable people could differ as to whether the party requested must comply").

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