Standard Responses, Objections, and Answers to Request for Production of Documents for Both Defendants and Plaintiffs

[Style of Case]

_____'S RESPONSES AND OBJECTIONS TO

_____'S REQUEST FOR PRODUCTION

TO: _____, by and through his/her/its attorney of record, _____.

_____ files these Responses and Objections to _____’s [First, Second, etc.] Request for Production:

USE NOTE: General objections are disfavored by most courts. The following standard general objections are included, should you wish to plead same.

DEFINITIONS

1. "Propounding party," "you," and "your" mean _____.

2. "Respondent" means _____.

3. "Your attorney" means _____.

4. "Respondent’s attorney" means _____.

5. "Rule" or "Rules" means the Federal Rules of Civil Procedure.

6. "R.E." means the Federal Rules of Civil Evidence.

7. "This lawsuit" means Cause Number _____, referenced more particularly in the style above.

8. "The incident" means _____.

9. "Information" means knowledge, facts, information, and/or documents.

   GENERAL OBJECTIONS TOREQUESTS FOR PRODUCTION

1. Respondent objects to responding to any request for production covered by the attorney work product privilege as violating Rule 26(b)(3).

2. Respondent objects to responding to any request for production concerning information or documents prepared by Respondent in anticipation of the litigation, including Respondent’s investigation file. [OPTION:] Respondent will produce Respondent’s investigation file that existed prior to _____, the date this case was assigned to _____.

   [OPTION:] Subject to the foregoing general objection, without waiving same: Respondent will produce Respondent’s investigation file that existed prior to the date:

   (a) Respondent had reason to anticipate this litigation;

   (b) This case was [assigned to Respondent’s attorneys/Respondent’s attorneys were retained by Respondent]; and/or

   (c) Respondent received a letter from you or your attorney presenting the claims you are making in this lawsuit.

3. Respondent objects to any request for production concerning information covered by the attorney/client communication privilege.

4. Respondent objects to any request for production concerning information covered by the consulting expert exception.

5. Respondent objects to any request for production covered by the party communication privilege.

   AVAILABLE FOR IN CAMERA INSPECTION

   As noted more specifically herein, Respondent objects to producing certain documents on various grounds including, but not limited to, various privileges. Respondent is prepared to produce any documents in Respondent attorney's possession for an in camera court inspection, should the Court give notice prior to a hearing that it requests same.

   OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS

1. Respondent objects to propounding party's definitions and instructions to the extent they purport to place duties and requirements on Respondent that exceed those required by the Rules in violation of Rules 26(b).

2. Respondent objects to the definition of "document" on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 34. Respondent further objects to the extent the definition seeks documents and information that are irrelevant to any material issue in this lawsuit in violation of Rule 26(b).

3. Respondent objects to the definition of "identify" and "identifying" on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rules 26(b).

4. Respondent objects to the definition of _____ on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 26(b).

5. Respondent objects to [instruction/definition] number _____ on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rule 26(b).

6. Respondent objects to [instruction/definition] number _____ on the grounds that it is overly broad and exceeds the permissible scope of discovery permitted by the Rules in violation of Rules 26(b).

7. Respondent objects to [instruction/definition] number _____ regarding the identity of witnesses as not required by the Rules at this stage of discovery. [OPTION:] Subject to these objections, without waiving same, Respondent will provide the person’s name and last known home or business address and last known home or business telephone number.

8. Respondent objects to [instruction/definition] number _____ as not required by the Rules.

   Objection. Beyond the scope permitted or required by the Rules in violation of Rule 26(b).

   Objection. Unduly burdensome and unnecessarily expensive in violation of Rule 26(b). Producing these documents would create an undue hardship on Respondent because the cost and expense of responding to this [instruction/definition] would be significant.

9. Respondent objects to [instruction/definition] number _____ as not required by the Rules.

   Objection. Beyond the scope permitted or required by the Rules in violation of Rules 26(b).

   Objection. Improper because "_____" is not in a question format as required by the Rules.

   Objection. [Instruction/definition] number _____ does not adequately describe what documents are requested.

   Objection. Overly broad and global, not properly limited in time, scope and relation to the facts at issue in this lawsuit in violation of Rules 26(b).

10. Objection to [instruction/definition] number _____. Overly broad and global, not properly limited in time, scope and relation to the facts at issue in this lawsuit in violation of Rule 26(b).

    SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENTS REQUESTED

1. Attorney/Client

   Objection. The production request impermissibly seeks documents and information involving the attorney/client communication privilege in violation of Rule 26(b)(3) and R.E. 501.

2. Accountant/Client

   Objection. The production request impermissibly seeks...