1. What should a party do when an opponent fails to follow the rules of civil procedure with respect to discovery?
2. How do the discovery rules seek to encourage ethical conduct in the context of the adversarial process of litigation?

Kline, P. J.
Twenty-three years ago, the Legislature enacted the Civil Discovery Act of 1986. (The Act), a comprehensive revision of pretrial discovery statutes, the central precept of which is that civil discovery be essentially self-executing. More than 10 years ago, Townsend v. Superior Court (1998) . (Townsend) lamented the all too often interjection of “ego and emotions of counsel and clients” into discovery disputes, warning that “[l] ike Hotspur on the field of battle, counsel can become blinded by the combative nature of the proceeding and be rendered incapable of informally resolving a disagreement.. Townsend counseled that the “informal resolution” of discovery disputes “entails something more than bickering with [opposing counsel].”.. Rather, the statute “requires that there be a serious effort at negotiation and informal resolution.”.