Just because you get there first doesn’t mean you’ll win. The new amendment to Rule 34 states that objections must be filed “with specificity.” And yet, most attorneys are still using boilerplate responses, violating the rule. Get in compliance with this visual guide!

1. Be Specific.
Tips for Complying
with FRCP Rule 34VISUAL GUIDE
AN
Just because you get there first doesn’t mean you’ll win.
The new amendment to Rule 34 states that objections must
be filed “with specificity.” And yet, most attorneys are still using
boilerplate responses, violating the rule.
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For a more detailed analysis of the
FRCP e-discovery amendments, download Exterro’s White Paper:
3 FRCP E-Discovery Rule Changes You Need To Know
RULE 34: AN OVERVIEW
RULE 34: Four Tips for Compliance
RULE 34: VIOLATIONS
According to Rule 34, when objecting to discovery
requests you must state:
(1)
Grounds for the
objections with
specificity
(3)
The time for
production*
(2)
Whether any
responsive materials
are withheld
*If rolling production, then you must state when production will
begin and when it will be concluded
*Examples of overbroad, boilerplate objections given in
Liguria Foods, Inc. v. Griffith Laboratories, Inc. (N.D. Iowa, March 13, 2017)
Hon. Andrew J. Peck, U.S. Magistrate, says:
Examples of Objections that Violate Rule 34*
Fischer v. Forrest (S.D.N.Y. Feb. 28, 2017)
If you violate this rule … then it’s ‘deemed
a waiver of all objections (except as to privilege)’
This objection is
“overbroad and unduly
burdensome, and not
reasonably calculated to
lead to the discovery of
material admissible
in evidence.”
This objection
“Seeks information
that is confidential or
proprietary.”
This objection
“seeks to impose
obligations on it beyond
those imposed by the
Federal Rules of Civil
Procedure or any other
applicable rules or laws.”
The
Boilerplate
The
Rule Bender
The
Trespasser
Throw Out Old “Form Files”
Generic boilerplate templates will no longer
be accepted by the courts when responding
to discovery requests.
Assess the Discovery Request
Carefully read and ensure you understand
what the discovery request is asking. If you
have questions, pick up the phone and call
opposing counsel.
Get Feedback from your Legal Team
Work with your team to fully understand if
the discovery request is asking for relevant
information and that the amount of data is
proportional to the needs of the case.
Explain your Why
If you are going to object, give a specific
reason why you’re objecting that includes a
factually detailed response describing how
it’s unduly burdensome.