Many rules and guidelines are in place to ensure that the requests made during the discovery process are reasonable. If a request falls outside of the strict parameters defined by The Texas Rule of Civil Procedure, the responding party may object to that request. One valid reason for an objection is when a request asks for information that is not yet available.
Author: Philip Silberman
Objection due to a Request for an Inconvenient Time and Place
In order to ensure the smooth exchange of information during the discovery process, rules and guidelines are in place which set precise parameters for each party. If a request falls outside of those parameters, the responding party may object to the request. A common reason for objection is a request for a party to produce information or evidence at a time and/or place that is not convenient. TEX R. CIV. P. 193.2(b).
Objection Because Documents Have Already Been Produced
Texas Rules of Civil Procedure offer guidelines which parties must comply with during the discovery process, and failing to do so may result in an objection from the responding party. One error which frequently leads to an objection is a request for information that is duplicative, meaning that the information has already been provided, perhaps in a different format.
Objection due to a Request Lacking a Specific Description
The expectation during the discovery process is that the responding party will provide the information as requested in order to streamline the proceedings and perhaps even allow for the case to be settled out of court. However, if a request is too broad and general, the responding party may have difficulty knowing what information exactly the request includes.
Objection Because the Request Creates Unnecessary Burden, Expense, or Is Made for Purposes of Harassment
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.”
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.