Jun 30, 2015 · Subject to the above objections, Plaintiff has no responsive documents in its possession, custody, or control, other than those that have already been produced to Defendant and those being produced as verbatim statements of a third party in response to Request No. 2. ... or the attorney-client privilege. Such documents include notes of ...
is protected by attorney-client and/or work product privilege.” If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived. The production of nonprivileged materials should no- …
• ttorney-client privilege: A “Objection. The request seeks informa tion subject to the attorney-client privi lege. The attorney-client privilege is broadly construed, and extends to “fac tual information” and “legal advice.” (Mitchell v. Superior Court (1984) 37 Cal.3d 591, 601 [208 Cal.Rptr. 886, 891].)”
Jun 30, 2015 · Subject to and without waiver of the foregoing objections, and although not called for by this Request, Plaintiff will produce all non-privileged, responsive documents obtained from third parties during its civil investigation of Dentsply's distribution and marketing of artificial teeth, with the exception that Plaintiff will withhold any documents or material that may contain …
Discovery — Fact That Documents Are Publicly Available Is No Defense to Production of Documents Possessed, But There Is No Duty to Obtain Unpossessed, Publicly Available Documents for Production (What About Work Product?)Jan 12, 2015
EXCEPTIONS TO THE ATTORNEY-CLIENT PRIVILEGEDeath of a Client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent's heirs, legatees or other parties claiming under the deceased client.Fiduciary Duty. ... Crime or Fraud Exception. ... Common Interest Exception.
Common objections to requests for production or inspection include: The request is overly broad or unduly burdensome. The propounding (requesting) party must include enough information to make the requested documents easily identifiable.
The overbroad objection should be considered when a party is requesting documents that span over an extended period of time. Even when a request is ambiguous, a party has a duty to respond if the "nature of the information sought is apparent." Deyo v. Kilbourne, 84 Cal.Sep 13, 2019
When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.Jan 7, 2021
Some relationships that provide the protection of privileged communication include attorney-client, doctor-patient, priest-parishioner, two spouses, and (in some states) reporter-source. If harm—or the threat of harm—to people is involved, the privileged communication protection disappears.
In the American legal system, argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. One common misconception is that argumentative questions are meant only to cause a witness to argue with the examiner.
A common reason for objections that call for speculation (or speculation objections) in court is when a party asks a witness to interpret someone else's state of mind.Sep 27, 2019
During discovery, you can:Collect facts;Get witness statements informally;Get witness statements in a deposition;Find out what the other side is going to say;See how good you think their case is;See how good your own case is; and.Get all the important information you need to present your case in court.
Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression or undue burden and expense is one of the examples of misuses of the discovery process. CCP §2023.010.
General objections are essentially copy/paste templated objections to discovery that could presumably apply to all requests regardless of their content. Many thought leaders agree that general objections are useless, perhaps even equivalent to not providing responses and objections at all.Nov 12, 2020
Under the Federal Rules and parallel state rules, litigants may use what are called "contention interrogatories" to explore adversaries' factual support for their legal contentions. Courts normally regulate the timing of those, generally prohibiting litigants from using that tactic too early in the discovery process.Aug 12, 2015
The most common discovery objection our lawyers see is the objection that the interrogatories are not relevant to the litigation or are too burdens...
You should draft interrogatories contention interrogatories and other interrogatories seeking specific responses narrowly. But a big part of interr...
General objections are a list of general objections that presumably apply to all responses to the discovery requests. General objections are almost...