July 23, 2019 Articles

Say It with Me—I Will Not Use Boilerplate Objections

Avoid waiver of objections to discovery requests by dumping the practice of boilerplate objections, and follow the Federal Rules.

By Donald F. Winningham III

Raise your hand if, within the last two years, you drafted responses to discovery requests that either (1) included a list of general objections at the beginning of your responses to be incorporated throughout or (2) included language such as “vague,” “unduly burdensome,” “not reasonably limited in scope,” “not proportional to the needs of the case,” “not reasonably calculated to lead to the discovery of admissible evidence,” or “seeks documents protected by the attorney-client privilege or work-product doctrine” in responding to a majority of the requests without including any further basis for the objection. I am currently typing one-handed because my other one is raised.

Premium Content For:
  • Litigation Section
Join - Now