The focus of this series is the various issues which cause objections during the discovery process, outlined below:
Introduction
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
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. In re Arras, 24 S.W.3d 862, 864 (Tex. App.—El Paso 2000, no pet.) (deposition of nonparty for addresses of other parties, as opposed to simple written inquiry, was inconvenient and burdensome).
A proper objection might include the following language:
OBJECTION: The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive. TEX. R. CIV. P. 192.4(a)
This series presents an overview of common reasons for objections during the discovery process; however, the rules themselves are nuanced, complex, and frequently amended. Working with an experienced lawyer familiar with the ins and outs of litigation can help a client manage the intricacies of the discovery process and avoid the costly, time-consuming pitfalls that can result from not fully understanding the process.
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