September 14, 2018 civil procedure

A Skeptical View of Rule 36

By Charles S. Fax

In the Spring 2018 edition of Litigation News, I inveighed against the widespread practice of lawyers filing boilerplate objections to Rule 33 and Rule 34 discovery requests. Boilerplate objections are themselves objectionable (I listed the most common ones), carry no legal weight, and will waive legitimate objections that are not made. In this, my final column for Litigation News (more on that below), I address the same issue in the “final” discovery rule, Rule 36, Requests for Admission (RFAs).

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