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Pleadings. Each party in a lawsuit files initial papers, known as pleadings. The pleadings explain each party's side of the dispute. The Complaint: Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant.
Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes.
Common objections to requests for production or inspection include: The request is overly broad or unduly burdensome. The propounding (requesting) party must include enough information to make the requested documents easily identifiable.
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...
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.
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.
Overbroad and BurdensomeThe 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 Is a Request for Production of Documents? A request for production is a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter. The aim is to gain insight into any relevant evidence that the opposing party holds.
Discovery Fact That Documents Are Publicly Available Is No Defense to Production of Documents Possessed, But There Is No Duty to Obtain Unpossessed, Publicly Available Documents for Production (What About Work Product?)