What is an objection that a discovery request is not relevant?
An objection that a discovery request is not relevant must include a specific explanation describing why the request lacks relevance and/or why the requested discovery is disproportionate in light of the factors enumerated in Federal Rule of Civil Procedure 26(b)(1).
What are the treatises on Discovery and objections?
There are many treatises on Discovery that explain in detail what are a party’s obligations in responding to discovery as well as what are the proper objections to written discovery. The treatises that I use are: Cal Prac. Guide: Civil Procedure Before Trial (TRG 2017) Cal Prac.
What are the most common discovery objections?
The most common discovery objection our lawyers see is the objection that the interrogatories are not relevant to the litigation or are too burdensome to answer. Another objection our attorneys see frequently because we asked detailed questions that pin down defendants is that the request calls for a legal conclusion.
What are the objections to discovery requests under the FRCP?
Standard objections to discovery requests under the FRCP and the Cal. CCP, which can be used in other jurisdictions as well. In litigation, written discovery typically consists of (1) Requests for Production, (2) Requests for Admission, and (3) Interrogatories. [1]
What are some objections that can be asserted when responding to discovery?
Objections that may be used in the course of discovery include, but are not limited to the following:Unduly burdensome,Overly broad.Vague.Ambiguous.Disproportional.Protected by the attorney-client privilege.Work product doctrine.
How do you make good objections to discovery?
Make it a lead-off “general objection.” Object to anything that is not relevant to the “subject matter” (no longer the standard) or not likely to lead to admissible evidence (no longer the standard). Don't say if anything is being withheld on the basis of the objection. Use boilerplate wording from form files.
What is an overbroad objection?
* Overbroad and Burdensome—The showing required to sustain this objection is that the intent of the party was to create an unreasonable burden, or that burden created does not weigh equally with what requesting party is trying to obtain from it.
What objections can be made to interrogatories?
Contents hide7.1 Irrelevant.7.2 Privilege or Work Product Protection.7.3 Overbroad.7.4 Excessive Number.7.5 Unduly Burdensome, Expensive, or Oppressive.7.6 Vague and Ambiguous.7.7 The Information is Already Known or Equally Available to the Requesting Party.7.8 Speculation or Question Based on an Improper Assumption.More items...
What are general objections?
General objections are essentially copy/paste templated objections to discovery that could presumably apply to all requests regardless of their content. Many thought leaders agree that general objections are useless, perhaps even equivalent to not providing responses and objections at all.
How do I respond to discovery demands?
When you respond to a discovery request, you should make sure to do it within the timeframe listed in the discovery request or in the “scheduling order” if the judge issued one. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial.
What is unduly burdensome discovery?
(Rios) (1992) 7 CA4th 1384, 1391. Unduly burdensome requests are a misuse of the discovery process. Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression or undue burden and expense is one of the examples of misuses of the discovery process.
What are boilerplate objections in discovery?
In broad stroke, the Rule 34 amendments aim to proscribe “boilerplate objections.” Such an objection “merely states the legal grounds for the objection without (1) specifying how the discovery request is deficient and (2) specifying how the objecting party would be harmed if it were forced to respond to the request.” ...
What is a vague objection?
Blanket, unsupported objections that a discovery request is “vague, overly broad, or unduly burdensome” are, by themselves, meaningless, and disregarded by the Court. A party objecting on these bases must explain the specific and particular ways in which a request is vague, overly broad, or unduly burdensome.
What is a leading objection?
Leading is improper if the attorney is questioning a witness called by that attorney and presumably friendly to the attorney's side of the case. Thus, the opposing attorney will object that a question is "leading," and if so the judge will sustain (uphold) the objection and prohibit the question in that form.
What is a speculation objection?
But generally, they are not permitted to testify as to matters outside their first-hand knowledge. A common reason for objections that call for speculation (or speculation objections) in court is when a party asks a witness to interpret someone else's state of mind. No one can read another's mind.
What is argumentative objection?
In the American legal system, argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case.
What Are The Most Common Objections To Interrogatories?
The most common discovery objection our lawyers see is the objection that the interrogatories are not relevant to the litigation or are too burdens...
If I'm Trying To Avoid Objections, Should I Draft My Interrogatories Narrowly?
You should draft interrogatories contention interrogatories and other interrogatories seeking specific responses narrowly. But a big part of interr...
What Are General Objections?
General objections are a list of general objections that presumably apply to all responses to the discovery requests. General objections are almost...
Throw away the boilerplate
Judges have been saying it for years, and their tolerance for deaf ears is ebbing: Throw away the boilerplate. You could object that a discovery request is overbroad or unduly burdensome, and maybe you’d be right. But if you make scant effort to explain why you are right, you might as well not object at all.
How to present a winning objection
If the request would take an unreasonable amount of time or money to fulfill in relation to the reasonable needs of the case (proportionality), recite specific, persuasive facts that explain why, preferably in an affidavit.
Frank Wei-Hong Chen
Attorney McCall is absolutely correct. The qualifier is actually not necessary because you always have the right to voluntarily supplement your own discovery responses. In California, each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an...
Christine C McCall
Yes, but.... You must disclose all info that you currently have that is responsive to the discovery demand. You can't use this reservation rubric as a time-dodge. If the opposing party can later show that you did that (that is, that you had responsive info at the time...
Sean Anthony Brady
I apologize I do not know why my answer appeared three times. I am using an IPAD and it wasn't loading. Please disreagrd other two answers. Good luck.