Discovery

Discovery DigestDiscovery

General

The Rules of the Game: Comprehensive Amendments to the Nevada Rules of Civil Procedure
The Changes Coming to the Nevada Rules of Civil Procedure:  An Overview
Deadlines and Due Dates Under the 2019 Nevada Rules of Civil Procedure
What Can Nevada State Court Attorneys Learn About Proportionality From Federal Court Decisions?
NRCP 26 – GENERAL PROVISIONS GOVERNING DISCOVERY
NRCP 29 – STIPULATIONS ABOUT DISCOVERY PROCEDURE
NRCP 35 – PHYSICAL AND MENTAL EXAMINATIONS
NRCP 37 – FAILURE TO MAKE DISCLOSURE OR TO COOPERATE IN DISCOVERY; SANCTIONS (more…)

Sample  Objections to and Caselaw Regarding Written Discovery–Interrogatories, Requests to Produce, and Requests for Admission

Objecting to discovery is a necessary thing at times.  As long as one is purposeful in approach, objections can assist your case.  Take the wrong approach, or simply copy these objections without much thought, and you may find yourself sanctioned.  Consider the counsel given in this ABA article by Andrew Fesler before drafting your discovery responses:

“How to present a winning objection:

  • If the request would take an unreasonable amount of time or money to fulfill in relation to the reasonable needs of the case (proportionality), recite specific, persuasive facts that explain why, preferably in an affidavit.
  • If the request is not reasonably related to any claim or defense, and if there is no good reason to go beyond the ordinary scope of discovery under Rule 26(b), take the time to explain why in your discovery response.
  • Comply with Rule 34’s requirement that you state whether any responsive materials are being withheld on the basis of the objection.
  • If you are not producing documents when your responses come due, state when the documents will be produced.

At any discovery conference, you want to sound like the most thoughtful and reasonable lawyer in the room.  Start early.  Build your discovery objections with the same care that you build your case in chief.”

For a review of what Nevada federal judges have to say about discovery under the proportionality standard, see this article:

What Can Nevada State Court Attorneys Learn About Proportionality From Federal Court Decisions?

OBJECTIONS  

“Repeating the familiar phrase that each request is ‘vague, ambiguous, overly broad, unduly burdensome and oppressive, not relevant nor calculated to lead to the discovery of admissible evidence and, further, seeks material protected by the attorney/client or other privilege and the work product  doctrine’ is insufficient. . . . The burden is on the party resisting discovery to clarify and explain precisely why its objections are proper given the broad and liberal discovery rules.”  Alboum v. Koe, M.D., et al., Discovery Commissioner Opinion #10 (November 2001) (citing Pleasants v. Allbaugh, 2002 U.S.Dist. Lexis 8941 (D. D.C. 2002); G-69 v. Degnan, 130 F.R.D. 326 (D. N.J. 1990); Josephs v. Harris Corp., 677 F.2d 985 (3d Cir. 1982)). (more…)

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