§34.7 Strategic and Practical Considerations

• Jurisdiction: Washington

§34.7STRATEGIC AND PRACTICAL CONSIDERATIONS

Strategic and practical consideration related to CR 34 and the corresponding federal rule are discussed below.

(1)Considerations for the requesting party

Requests for production pursuant to CR 34 are increasingly subject to abuse, either intentionally or because of lack of care in their preparation. The recent rise of electronic discovery and growing volumes of electronically stored information exacerbate these difficulties. Because of these problems, exercise care in the designation of documents or categories of documents being requested. Avoid "kitchen sink" requests; they will generate objections, launch discovery battles, and create ire on the part of counsel and the court. The greater the specificity in craftingrequests for production, the greater the likelihood of meaningful responses and the less the possibility of discovery disputes.

CR 34(b) requires that a party specify a reasonable time, place, and manner of production and allows a party to specify the form or forms in which electronically stored information is to be produced. To preempt disputes, contact counsel for the responding party and determine mutually acceptable arrangements for production. If there are multiple parties to the litigation, it may be useful and less expensive to have one lawyer coordinate all CR 34 discovery for all requesting parties.

When applicable, determine whether it is important to examine the original document(s) rather than a copy. The original may identify erasure marks, color codes, white-outs, or...