anyone know about 'objections' during discovery?

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sangr
Posts: 459
Joined: Sun Jun 07, 2009 4:45 pm

anyone know about 'objections' during discovery?

Postby sangr » Sat Apr 20, 2013 11:04 am

so if we are asked about "what can a party object" during a discovery request.
meaning IS THIS GENERALLY DISCOVERABLE?

does the objection come in the form of a general objection to a request

or can it also come in the form of a protective order?
because arent protective orders mainly used to protect from harassment, burden, etc.

if anyone could give their input thatd be great

TooOld4This
Posts: 638
Joined: Sat Jul 23, 2011 11:09 am

Re: anyone know about 'objections' during discovery?

Postby TooOld4This » Sat Apr 20, 2013 11:39 am

I'm not sure exactly what you are asking.

If an exam is asking what objections you can make to a discovery request, then you should go through the list of general and specific objects that may apply.

If the exam is asking about process for objection, then you would discuss objecting to the discovery request as your response, meet and confer, responding to a motion to compel, moving for a protective order, etc.

TheGreatFish
Posts: 89
Joined: Wed Sep 23, 2009 5:16 am

Re: anyone know about 'objections' during discovery?

Postby TheGreatFish » Sun Apr 21, 2013 7:31 pm

Most states have a statute that lists the potential objections to a discovery request. Typically it will include objections for vagueness, compound questions, privileged information, or right to privacy.

Just do a westlaw search for "responding to discovery request."

target
Posts: 688
Joined: Tue Jul 26, 2011 6:40 pm

Re: anyone know about 'objections' during discovery?

Postby target » Sun Apr 21, 2013 8:02 pm

Is it possible that you are confused about what is the means and what is the ends?

protective orders are generally used as reasons to object certain requests, things like trade secrets are often get protective orders.

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PDaddy
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Joined: Sat Jan 16, 2010 4:40 am

Re: anyone know about 'objections' during discovery?

Postby PDaddy » Sun Apr 21, 2013 8:21 pm

sangr wrote:so if we are asked about "what can a party object" during a discovery request.
meaning IS THIS GENERALLY DISCOVERABLE?

does the objection come in the form of a general objection to a request

or can it also come in the form of a protective order?
because arent protective orders mainly used to protect from harassment, burden, etc.

if anyone could give their input thatd be great


Discovery objections need to be stated with specific grounds, otherwise the responding party will be denied its objection and possibly sanctioned for failing to produce in a timely manner. Judges are lax with discovery rules until someone files a motion to compel. Respondents often object to undue hardship without stating with specificity the nexus between the request and the undue hardship.

They have also become accustomed to stating, in vague terms, that the requested documents, etc. are "unlikely to lead to admissible evidence". This is a ploy that judges do not often police effectively. Discovery is meant to give wide latitude to the requesting party, and, handled improperly, can deny a litigant due process.

Protective orders are used for a variety of purposes, one of which is to protect the privacy of witnesses and avoid the muddying of the waters with unnecessary discovery. Protective orders can govern irrelevant or prejudicial information, trade secrets, individual banking records, drivers licenses, etc.

If a party does not respond to a request for production within 30 days, they need to request an extension in writing or be subject to a motion to compel.

Also, be sure to arrange subpoenas duces tecum in writing when arranging service for depositions via opposing counsel; otherwise the defense may use that failure to defy the production request and sandbag you at deposition.




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