Discovery Objections

Brien Roche Law > Discovery Objections
Fairfax Injury Lawyer Brien Roche Addresses Discovery Objections

Brien Roche

There are many discovery objections than can be raised. They fall into two groups. They are general and specific objections.

General Discovery Objections

General objections are of little value. The rules require objections to be specific. However general objections may serve a purpose. They are a way to make sure you are not waiving the attorney client privilege. Also they may be used to preserve the attorney work product doctrine. Likewise preserving objections for trial may be a basis. Some examples are:

  • To the extent that the instructions or definitions exceed or are not consistent with the Rules of the Court, they are objected to.
  • All objections as to relevancy, authenticity or other basis for admissibility at trial are preserved.
  • To the extent that any of these requests call for documents or info protected by the attorney client privilege or the attorney work product doctrine they are objected to.

Specific Discovery Objections

Specific objections can be made to discovery requests on the following grounds:

    Attorney or Otherwise Protected

  • To the extent that it calls for anything protected by the attorney-client privilege.
  • To the extent that it calls for anything protected by the attorney work product doctrine.
  • Calls for the mental impressions of Counsel.
  • To the extent that it calls for anything prepared in anticipation of litigation.
  • To the extent that it calls for anything that is confidential or proprietary.
  • Seeks legal opinions and/or conclusions.
  • Out of Bounds

  • Not reasonably calculated to lead to the discovery of admissible evidence in that…
  • What is sought is equally available to the party making such request.
  • To the extent that it calls for “all documents” of a specified nature or type when a limited number of documents will provide the requested information such a requirement makes the request overly broad.
  • Overly broad in that there are no time parameters set, the precise scope of the request is not defined and the info requested can be obtained by less intrusive means.
  • Vague, ambiguous or unclear in that…
  • Unduly burdensome in that…
  • Beyond the scope of permissible discovery in that…

Specific Means Specific

The rules require that your objections be specific. You will notice in the above specific objections that some of them are open ended. That is because more needs to be added. If your objection says the request is vague you need to state with some detail why it is vague. Is it because there are no time parameters? Is it because an ambiguous word has been used? The purpose of an objection is to tell the other party and the Court you have a problem with what is being asked. Therefore within the objection you must state how to cure the problem.

For more info don’t hesitate to contact us. Also see the publications of Brien Roche. In addition see the topic of civil discovery on Wikipedia

Contact Us For A Free Consultation

Discovery Objections

Contact Us For A Free Consultation

Contact Us For A Free Consultation