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 due to a Request for an Inconvenient Time and Place
In order to facilitate the discovery process and make available all information which might lead to the resolution of the case, each party may request evidence and information from the other. The expectation is that a party who receives a request will accommodate that request even if the information provided could be harmful to that party. In order to ensure the smooth exchange of information, 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). However, if a party does object for that reason, that person must then provide a time and place which is convenient for the exchange of information. The alternate suggestion must be a specific time and place, though, as opposed to a vague reference to a time or place “mutually convenient” for both parties.
A proper objection might include the following language:
OBJECTION: Responding party objects to the time and place designated for production and states that the items will be produced [state reasonable time and place]. TEX. R. CIV. P. 192.6(a).
The discovery process is stressful and confusing for most people who find themselves embroiled in some type of litigation. A knowledgeable, experienced lawyer will work to minimize complications while maximizing the possibility of a successful outcome for a client.
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