You may object if a request does not make sense, is too vague to understand, or so confusing that it cannot be understood. Sometimes called “attorney work product,” and this objection applies equally to self-represented litigants. You may object if the request is asking for your analysis, strategy, or thinking about the case.Ī discovery request can ask what evidence the person knows, but cannot ask what a person thinks the evidence means. For example, a Request for Admissions that asks you to admit that your defenses lack merit. Under rule 701, a lay witness may provide an opinion that is (1) rationally based on the witness’s perception (2) helpful to clearly understanding the witness’s testimony or to determining a fact in issue and (3) not based on scientific, technical, or other specialized knowledge within the scope of rule 702. Raise this objection if the request requires you to do legal analysis and requests a legal opinion. The judge will weigh the burden and expense against the relevance of the evidence, and the need for the evidence in the case. You may object if the request would be "unwarranted oppression," also known as an unreasonable burden or expense to comply with. The key word is “unwarranted.” The judge will weigh the amount of annoyance or embarrassment against the relevance of the evidence, and the need for the evidence in the case. You may object if the request would result in “unwarranted annoyance, embarrassment." The law says that t he request must be “reasonably calculated to lead to the discovery of relevant, admissible, evidence.” Something is relevant if it tends to prove or disprove something that one of the sides in the lawsuit needs to prove to win their case. Rule 3.250 amended effective Januadopted as rule 201.5 effective Jpreviously amended effective January 1, 2001, and Janupreviously amended and renumbered as rule 3.250 effective January 1, 2007.You may object if the request is not likely to get relevant evidence. (Subd (b) amended effective Januamended effective January 1, 2003, and January 1, 2007.)Īs used in this rule, papers include printed forms furnished by the clerk, but do not include notices filed and served by the clerk. (4) All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period. (3) An original must be retained under (1) or (2) in the paper or electronic form in which it was created or received. (2) The original of a response must be served, and it must be retained by the person upon whom it is served. If served electronically under rule 2.251, the proof of electronic service must meet the requirements in rule 2.251(i). (1) Unless the paper served is a response, the party who serves a paper listed in (a) must retain the original with the original proof of service affixed. (b) Retaining originals of papers not filed (Subd (a) amended effective Janupreviously amended effective January 1, 2001.) (23) Offer to compromise, unless accompanied by an original proof of acceptance and a written judgment for the court's signature and entry of judgment. (22) Notice to produce party, agent, or tangible things before a court, and response and (20) Request for statement of damages, and response, unless it is accompanied by a request to enter default and is the notice of special and general damages (19) Demand for bill of particulars or an accounting, and response (18) Stipulation to enlarge the scope of number of discovery requests from that specified by statute, and notice of the stipulation (17) Declaration for additional discovery (16) Statement that a party does not presently intend to offer the testimony of any expert witness (15) List of expert witnesses whose opinion a party intends to offer in evidence at trial and declaration (14) Demand for production of discoverable reports and writings of expert witnesses (13) Demand for exchange of expert witnesses (12) Demand for delivery of medical reports, and response (11) Agreement for physical and mental examinations (10) Request for admissions, and responses or objections to request (9) Demand for production or inspection of documents, things, and places, and responses or objections to demand (8) Interrogatories, and responses or objections to interrogatories (7) Agreement to set or extend time for deposition, agreement to extend time for response to discovery requests, and notice of these agreements (6) Notice of intention to take an oral deposition by telephone, videoconference, or other remote electronic means (5) Notice of intention to record testimony by audio or video tape (4) Notice to consumer or employee, and objection The following papers, whether offered separately or as attachments to other documents, may not be filed unless they are offered as relevant to the determination of an issue in a law and motion proceeding or other hearing or are ordered filed for good cause:
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