Introduction to This Series About Objections During Discovery

Common Causes for Objections During the Discovery Process

The focus of this series is the various issues which cause objections during the discovery process, outlined below:

Permissibility of Discovery Tool
Number of Interrogatories
Outside the Scope of Discovery
Lacks Specific Description within Request
Vagueness, Lacks Specificity, or Ambiguity of Request
Overly Broad
Information Obtainable from Another Source
Information Equally Available to the Other Party
Documents Already Produced
Request Creates Unnecessary Burden, Expense, or Made for Purposes of Harassment
Creation of Document not in Existence
Electronic and Magnetic Data
Personal, Constitutional or Property Rights
Inconvenient Time or Place
Information Unknown or Not in Possession of Responding Party
Persons with Knowledge of Relevant Facts
Premature Request
Request Seeks Admission of a Legal Proposition
Seeks Admission of Hearsay
Seeks Admission of a Matter of Opinion
Assertions of Privilege

In an earlier series, we outlined the different aspects of the discovery process in Texas as well as The Texas Rules of Civil Procedure which establish procedures and parameters for each aspect. The process of discovery itself allows for the exchange of relevant facts and information about the case, and in the process many cases are settled out of court. The process of discovery is vitally important in shortening and settling lawsuits. In fact, most claims are settled by the discovery process. 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.

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