. A new change to California’s Civil Discovery Act has all of the trappings of a burdensome and costly requirement for employer defendants litigating in California state court.
The proper objection is that the request is not reasonably calculated to lead to the discovery of admissible evidence. Although there may be reasons to postpone objections .
2009 California Code of Civil Procedure - Section 2031.210-2031.320 :: Article 2.
(b) A motion under subdivision (a) shall comply with both of the following: (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.
(2) A representation of inability to comply is inadequate, incomplete, or evasive. Response to Request for Production in California Superior Court–At A Glance June 1, 2017 August 4, 2009 Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court ) applicable to responses to requests for production in the California Superior Courts.
Yes, the objection that the discovery requests "seeks a legal conclusion from a lay witness" could be a valid objection (depending upon how the discovery request is worded, of course). ... testing, or sampling of a particular item or category of item.
But if you make scant effort to explain why you are right, you might as well not object at all.. (3) An objection to the particular demand for inspection, copying, testing, or sampling.
. California Code of Civil Procedure CCP CA CIV PRO Section 2031.310. The information presented here is general in nature and is not intended, nor should be construed, as legal advice.
In re Convergent Technologies Securities Litigation provides a framework for handling contention discovery which I still use.
The Southern District of New York again illustrates the point. Requests for production may be used to inspect and copy documents or tangible items held by the other party. Read the code on FindLaw ... the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. When must/should an objection be stated?
OBJECTIONS “Repeating the familiar phrase that each request is ‘vague, ambiguous, overly broad, unduly burdensome and oppressive, not relevant nor calculated to lead to the discovery of admissible evidence and, further, seeks material protected by the attorney/client or other privilege and the work product doctrine’ is insufficient. If an objection is not stated in response to written discovery, that objec tion is waived. “California’s Discovery Act does not authorize “general objections.” Objections must be stated separately in response to each interrogatory and inspection demand. (3) An objection in the response is without merit or too general. (Code of Civ.
Courts have recognized the problem early discovery of this type can cause. Proc., § 2030.290; and . (CCP § 2030 .210(a)(3) (interrogatories); § 2031.210(a)(3) (requests for production); § 2033.230(b) (requests for admissions. This is a valid objection to make.
You could object that a discovery request is overbroad or unduly burdensome, and maybe you’d be right.
Co. v. Superior Court of Los Angeles County (1997) 59 Cal.App.4th 263, 273 [69 Cal.Rptr.2d 112, 118].) As discussed in our article on American Litigation, discovery is a unique aspect of litigation in the United States that is a tool that often decides the outcome of the litigation. [1] It established five factors to determine whether an interrogatory or request for production is a contention. )”
Scottsdale Ins. Judges have been saying it for years, and their tolerance for deaf ears is ebbing: Throw away the boilerplate.
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