Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
By Tera Brostoff
It’s time to toss out those “form” files or risk catastrophe during discovery.
Parties using general objections in discovery responses must revise their responses to comply with the now 15- month-old amendments to the Federal Rules of Civil Procedure, the U.S. District Court for the Southern District of New York held Feb. 28 ( Fischer v. Forrest , 2017 BL 61463, S.D.N.Y., No. 14 Civ. 1307 (PAE) (AJP), 2/28/17 ).
Magistrate Judge Andrew J. Peck, who is known for his eDiscovery expertise and championship of technology-assisted review and the amendments to the FRCP, concluded a recent opinion with a serious wake-up call for the bar. His comments reflect the frustration that many courts feel about the bar’s slow adoption of the new rules.
“It is time for all counsel to learn the now-current Rules and update their “form” files,” the court said. “From now on in cases before this Court, any discovery response that does not comply with Rule 34‘s requirement to state objections with specificity (and to clearly indicate whether responsive material is being withheld on the basis of objection) will be deemed a waiver of all objections (except as to privilege).”
The amendments to Rule 34 require that discovery request responses must state grounds for objections with specificity and must specify the time for production.
Judge Peck lamented that most lawyers haven’t changed their “form file” and continue to violate the changes.
In the case at issue, the defendants responded to requests for production of documents by stating that the request was “overly broad and unduly burdensome.”
Judge Peck said that language was “meaningless boilerplate,” and the responses didn’t say when documents and electronically-stored information would be produced.
Cuomo LLC represented Fischer.
Clements Bernard PLLC represented Forrest.
To contact the reporter on this story: Tera Brostoff in Washington at email@example.com
To contact the editor responsible for this story: S. Ethan Bowers at firstname.lastname@example.org
Full text at http://src.bna.com/mFj.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)