One type of request that frequently leads to an objection is one which seeks admission of a matter of opinion. Such requests, which include the sometimes gray area of sorting fact from opinion, are objectionable.
Category: Litigation
Objection to a Request Which Seeks Admission of Hearsay
When the requesting party does not follow the parameters of the discovery process as outlined by Texas Rules for Civil Procedure, the other party may object. One common reason for an objection is when a party seeks to admit hearsay as evidence.
Objection to a Request Which Seeks Admission of a Legal Proposition
When litigants do not follow these Texas Rules for Civil Procedure, a responding part may object. One frequent reason for an objection is when one party asks the other to admit a legal proposition, which is the reason for a legal decision or the legal requirement for a decision.
Objection Because Information Is Unknown or Not in Possession of Responding Party
During the discovery process, a responding party must provide all information that is “reasonably available” as requested. TEX R. CIV. P. 193.1. At times, however, information is not available as requested, and when that happens, the responding party has a right to object to the request.
Objection to a Request That Negates Personal, Constitutional, or Property Rights
Failing to follow directives outlined in Texas Rule of Civil Procedure allows the responding party to object to a request unless and until it is reframed and resubmitted in accordance with the statutes. A responding party has a right to object to a request, for example, if that request is for protected information.
Objection to Improper Request of Persons with Knowledge of Relevant Facts
The assumption during the discovery process is that both parties will share all information as requested in accordance with the Texas Rule of Civil Procedure. At times, however, requests do not follow those rules, allowing the responding party to object to those requests. If a party requests “knowledge of a person ‘with knowledge of any relevant facts,’” that request is considered by the Texas Supreme Court to be inappropriate and therefore objectionable.
Objection due to a Premature Request
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.
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.