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.
Category: Litigation
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.
Objection to Interrogatories in Texas
A common error which can lead to an objection during the discovery process is making too many requests for interrogatories. According to the revised Rule 190.2, litigants can make only a limited number of requests for interrogatories, production, and admission, depending on the level of discovery in the case.
Introduction to This Series About Objections During Discovery
Certain limitations on discovery are in place to avoid the misuse of discovery which can overburden the involved parties, wasting time and financial resources in the process. Whether due to overzealous counsel, confusion about the many complex rules of discovery, or some combination of both, a party may feel a need to object to the requests or responses. In this series, we’ll examine some of the common blunders which lead to legitimate objections during the discovery process.
Objection Due to Permissibility of a Discovery Tool
One common error which leads to objections results from requesting information inappropriately. Texas Rules for Civil Procedure specify exactly what information is permissible to request and exactly which formats that requested information should take. A responding party can object to any request that does not follow those procedures exactly as specified.
Depositions During Discovery in Texas
The discovery process includes taking depositions, both oral and written. The guidelines for oral depositions during discovery are outlined in Rule 199 of the Texas Rules of Civil Procedure, and those for written depositions are outlined by Rule 200.
Subpoenas During Discovery in Texas
The discovery process includes the ability to subpoena, an action which forces a non-party to comply with discovery requests, to appear in person, and/or to produce requested documents. The process for issuing and responding to a subpoena is outlined in Rule 205 of the Texas Rules of Civil Procedure.
Admissions During Discovery in Texas
The discovery process includes the ability to request admissions from another party. Submitted in writing, this part of discovery allows the responding party to admit or deny the truth and accuracy of any facts or opinions relevant to the case. Rule 198 of the Texas Rules of Civil Procedure outlines the parameters of a Request for Admission as well as any responses to the request, including objections.