Discovery

Written Discovery

Specific Objection Requirement

Specific Objection Requirement

Specific Objection Requirement

Rules 33(b)(4) and 34(b)(2)(B) require objections stated with specificity, and Rule 34(b)(2)(C) requires stating whether material is withheld pursuant to an objection. The 2015 amendments strengthened these requirements.

Insufficiently specific objections may be waived.

Alternative Names:

Specificity Requirement, Particularity in Objections

Why it Matters?

The requirement transformed discovery response practice on paper more than in reality, since boilerplate persists widely despite the amendments. Where a party does object specifically, the response is substantially more defensible and frequently narrows the dispute by showing the requesting party exactly what the problem is. Meeting the requirement is also the predicate for opposing a motion to compel effectively.

Frequently asked questions

What did the 2015 amendments require?

What is the benefit of complying?