When requests do not conform to guidelines defined by Texas Rules for Civil Procedure, the responding party has the right to object to that request. A frequent cause for objection, for example, is a request where the cost or burden outweighs its benefit. TEX. R. CIV. P. 192.4(b). This particular rule also helps to ensure that a request not simply “a fishing expedition.”
Month: September 2021
Objection due to Request Outside the Scope of Discovery
Rule 192.3(a) states that when information is “neither relevant nor reasonably calculated to lead to the discovery of admissible evidence,” a litigant has good reason to offer an objection to the request. Information that is privileged or irrelevant is also open to objection.
Objection Regarding Electronic and Magnetic Data
If, however, a party requests information that does not conform to the guidelines of the Texas Rules of Civil Procedure, a party has the right to object to that request. If, despite the party’s best efforts, he or she cannot find or produce data in a particular electronic and magnetic format as requested, the responding party may object.
Objection Due to a Request for a Document not in Existence
One common reason that a request might be objectionable is that it may require a party to create a document that does not yet exist. If a request requires the responding party to create nonexistent documents, the responding party may object.
Overly Broad Discovery Requests
In order to ensure that the discovery process is productive and fair, Texas Rules for Civil Procedure provide exact guidelines for requests and responses. Therefore, when a request does not follow those rules, the responding party may object. One common error which leads to objections is making a request that is overly broad. Texas courts require that a request must be limited in time, place, and subject matter.
Discovery Objection Because Information Is Obtainable from Another Source
The goal of discovery is the exchange of relevant information, and many rules are in place to ensure that information is shared exactly as requested. At times, however, the requests are unreasonable or ask for information that is not helpful to the case. One common error is to request that a party provide information more easily available from other sources. According to Rule 192.4(a) of the Texas Rules for Civil Procedure, a responding party can object to a request that asks for the production of information that is available elsewhere, particularly if providing that information creates an unnecessary burden or expense for the responding party.
Objection to Requests That Are Vague, Ambiguous and/or Lack Specificity
When a party receives a request during discovery, the expectation is that the responding party will provide the requested information. If, however, a request is so unclear that the responding party is unable to understand and respond, the responding party has a right to object to that vague request.
Discovery Objection Because the Information Is Equally Available to the Other Party
One of the most common reasons for an objection is due to a request for information which is already available to the requesting party. Such a request may ask for a duplication of information available from other sources. It may ask for information the responding party has already presented. It may be a request for information that the responding party does not have superior right to. All of these requests are objectionable, and Texas courts offer protection against such requests, particularly when the request wastes time, energy, and money by causing the responding party to duplicate its efforts, as outlined in Rule 192.4.