Discovery
Written Discovery
Responses answer each request or state objections with specificity. Interrogatory answers require verification under oath, while production responses state whether responsive documents are being produced or withheld.
Rule 34 requires stating whether anything is withheld on the basis of an objection.
Alternative Names:
Responses to Discovery, Written Responses
Why it Matters?
The requirement to state whether material is being withheld pursuant to an objection is the 2015 amendment most often ignored, and it matters because a response objecting and then producing without indicating what was held back leaves the requesting party unable to assess the objection. Courts have treated the omission as waiving the objection. Stating the withholding explicitly is both required and protects the objection.
Frequently Confused with
Related terms
Frequently asked questions
Must a response state what is being withheld?
Which responses require verification?
