Rarely is the law so misunderstood by attorneys.
Most of the objections you likely come across are wrong. Either most attorneys don’t know the objections are wrong or don’t care.
Here are the discovery objections in California.
Although a discovery objection may be valid, it may not be valid in that case.
Proper Discovery Objections To Interrogatories (Form, Special)
- Ambiguous (only if the question is really unintelligible) [Deyo v Kilbourne (84 CA3d 771, 783)]
- Compound [CCP § 2030.060(f)]
- Improper form [CCP § 2030.060]
- Information equally available [CCP § 2030.220(c)]
- Irrelevant to subject matter [CCP § 2017.010]
- Privilege (confidential, attorney-client, doctor-patient, etc) [Evidence Code §§ 900-1070]
- Privacy
- Oppressive (burden must be unreasonable) [West Pico Furniture Co v Superior Court (58 C2d 210, 218)]
- Seeks production of documents
- Subparts [CCP § 2060.060(f)]
- Trade secret [CCP § 2030.240(b)]
- Work product [CCP § 2030.240(b)]
Improper Discovery Objections To Interrogatories (Form, Special)
Of course the list is infinite. But here are some common improper objections for interrogatories:
- Answer is known
- Asked and answered
- Assumes facts not in evidence
- Blanket objections (this comes up a lot)
- Burdensome
- Complex
- Calls for conclusion
- Calls for contention
- Fishing expedition
- Hearsay
- Irrelevant to issues
- Lacks foundation
- Overbroad
Proper Discovery Objections To Requests For Production
- Ambiguous (only if the question is really unintelligible) [Cembrook v Superior Court (56 C2d 423, 430)]
- Improper form [CCP § 2031.030]
- Information equally available [CCP § 2031.230]
- Insufficient particularity [CCP § 2031.030(c)(1)]
- Oppressive [Mead Reinsurance Co v Superior Court (188 CA3d 313, 321)]
- Privilege (confidential, attorney-client, doctor-patient, etc) [Evidence Code §§ 900-1070]
- Privacy
- Trade secret [CCP § 2031.240(b)]
- Work product [CCP § 2031.240(b)]
Improper Discovery Objections To Requests For Production
You name it, you’ve probably seen it! But here are common improper objections to requests for production:
- Burdensome
- Complex
- Fishing expedition
- Irrelevant to issues
- Irrelevant to subject matter [CCP § 2017.010]
- Overbroad
Proper Discovery Objections To Requests For Admission
- Ambiguous (only if the question is really unintelligible) [Cembrook v Superior Court (56 C2d 423, 430)]
- Combined discovery method [CCP § 2033.060(h)]
- Confidential [CCP § 2033.230]
- Cumulative [CCP § 2019.030(a)(1)]
- Improper form [CCP § 2033.060]
- Irrelevant to subject matter [CCP § 2017.010]
- Oppressive
- Privilege (confidential, attorney-client, doctor-patient, etc) [Evidence Code §§ 900-1070]
- Privacy
- Trade secret [CCP § 2033.230(b)]
- Work product [CCP § 2033.230(b)]
Improper Discovery Objections To Requests For Admission
- Asked and answered
- Assumes facts not in evidence
- Burdensome
- Calls for conclusion
- Calls for contention
- Lacks foundation
- Hearsay
- Irrelevant to issues
- Overbroad