Boilerplate Discovery Objections May Result in Waiver

A magistrate judge has issued a stern wake-up call to lawyers practicing in the U.S. District Court for the Southern District of New York: Boilerplate responses to discovery requests violate the specificity requirements of the December 2015 amendments to Rule 34 of the Federal Rules of Civil Procedure.

In Fischer v. Forrest, the court warned lawyers that any discovery response in any future case before the court failing to state objections with specificity will be deemed a waiver of all objections except those based on privilege. ABA Section of Litigation leaders advise lawyers to update their discovery forms and ensure objections meet the specificity requirements of amended Rule 34.