3.6 Interrogatories and Document Requests

LibraryFederal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

3.6 INTERROGATORIES AND DOCUMENT REQUESTS

3.601 Federal Rules.

861 Fed. R. Civ. P. 33 (interrogatories) and Fed. R. Civ. P. 34 (document requests) and any specific requirements set out in initial scheduling orders and Fed. R. Civ. P. 16(b) scheduling orders outline the procedures to be followed and technical requirements with respect to interrogatories and requests for production of documents. Fed. R. Civ. P. 34 permits document requests 21 days after service of the summons and complaint. 862 The document request will not be considered served, however, until the Fed. R. Civ. P. 26(f) conference. 863

Fed. R. Civ. P. 26(b), in turn, regulates the broad scope of information discoverable with these devices. 864

Fed. R. Civ. P. 26(b) states as follows:

(b) Discovery Scope and Limits.
(1) Scope in General. Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.
(2) Limitations on Frequency and Extent.
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(C) When Required. On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that:
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(iii) the proposed discovery is outside the scope permitted by R ule 26(b)(1).

The Supreme Court approved amendments to Fed. R. Civ. P. 33 and Fed. R. Civ. P. 34, effective December 1, 2015, to reflect the changes in Fed. R. Civ. P. 26. The language amends Fed. R. Civ. P. 33 and Fed. R. Civ. P. 34 as follows:

R ule 33. Interrogatories to Parties
(a) In General.
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with R ule 26(b)(1) and (2).
R ule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes.
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(b) Procedure.
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(2) Responses and Objections.
(A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served or—if the request was delivered under R ule 26(d)(2)—within 30 days after the parties' first R ule 26(f) conference. A shorter or longer time may be stipulated to under R ule 29 or be ordered by the court.
(B) Responding to Each Item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production must then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response.
(C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.

3.602 Eastern District.

A. Local Rule.

E.D. Va. Civ. R. 26 provides in part:

(B) Requirement of Writing: All objections to interrogatories, depositions, requests, or applications under F ed. R. Civ. P. 26 through 37, as well as all motions and replies thereto concerning discovery matters, shall be in writing. If time does not permit the filing of a written motion, the Court may, in its discretion, waive this requirement.
(C) Objections to Discovery Process: Unless otherwise ordered by the Court, an objection to any interrogatory, request, or application under F ed. R. Civ. P. 26 through 37, shall be served within fifteen (15) days after the service of the interrogatories, request, or application; or, in a case removed or transferred to this Court after discovery was served, within fifteen (15) days after the date of removal or transfer. The Court may allow a shorter or longer time. Any such objection shall be specifically stated. Any such objection shall not extend the time within which the objecting party must otherwise answer or respond to any discovery matter to which no specific objection has been made. 865

B. Additional Requirements Imposed in Initial...

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