Legal Procedure: Responding to Discovery Requests

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Questions and Answers

Review the FROG and its corresponding response. Which of the following is the most appropriate response?

(a) Responding party is not working due to injuries sustained in the INCIDENT, which have required frequent medical appointments, physical therapy, and rest. (b) DoorDash, Inc. (2017–June 14, 2022) 303 2nd St., South Tower Suite 800 San Francisco, CA 94107 Job Title: Delivery Driver Nature of Work: The job required driving in heavy traffic, dealing with impatient customers, and managing high-pressure delivery deadlines.

(a) Responding party is not currently working due to severe bodily injuries, depression, and anxiety resulting from the INCIDENT. (b) DoorDash, Inc. (2017–June 14, 2022) 303 2nd St., South Tower Suite 800 San Francisco, CA 94107 Job Title: Delivery Driver Nature of Work: Responding party worked long shifts, often late at night, which was physically and emotionally draining.

(a) Responding party is not currently employed due to injuries sustained in the INCIDENT. (b) DoorDash, Inc. (2017 – June 14, 2022) 303 2nd St., South Tower Suite 800 San Francisco, CA 94107 Job Title: Delivery Driver Nature of Work: Delivering food and goods to customers. (correct)

(a) Responding party is not currently working due to chronic back pain and reduced mobility caused by the INCIDENT. Before the INCIDENT, she had no significant health issues and was very active. (b) DoorDash, Inc. (2017–June 14, 2022) 303 2nd St., South Tower Suite 800 San Francisco, CA 94107 Job Title: Delivery Driver Nature of Work: As a delivery driver, Responding party often worked 10-hour shifts and had to lift heavy packages, which she was able to do with ease prior to the INCIDENT.

Why is this response not the best one?

It overdiscloses irrelevant personal details, such as weight gain, fear of being pulled by a dog, and adopting a new pet.

It includes unnecessary specifics about activities like gardening, which might prompt additional discovery into the plaintiff's pre-incident lifestyle and physical abilities.

It provides detailed information about the plaintiff's family members’ roles (e.g., relying on her son for chores), which could open the door to unnecessary depositions or inquiries into their involvement.

It uses speculative language, such as attributing the inability to travel to the incident without directly linking it to physical limitations.

All of the above. (correct)

None of the above.

How much time is added to the 30-day deadline if requests are served by electronic means?

20 calendar days

10 calendar days

5 calendar days

2 court days (correct)

What is a key requirement for a stipulation to change the response deadline?

Must be in writing and specify the new deadline Signup and view all the answers

What is the primary rule regarding stating objections when responding to written discovery requests?

Not stating an objection results in a waiver of rights. Signup and view all the answers

If an improper question does not invade a client’s privacy, what should be done?

State the objection and still answer the question. Signup and view all the answers

What is the consequence of over-responding to discovery requests?

It provides the defense with beneficial information that can be used in trial. Signup and view all the answers

Which of the following is true regarding objections in written responses?

All applicable objections should be stated in the initial response. Signup and view all the answers

What general approach should be taken when responding to written discovery requests?

Assess whether objections are necessary, and respond accordingly. Signup and view all the answers

What is advised against when formulating responses to written discovery requests?

Providing information that is not directly asked. Signup and view all the answers

Why is over-responding considered detrimental in legal responses?

It can lead to more issues or questions on the part of the defense, prompting them to conduct more discovery Signup and view all the answers

In responding to SROGs, what should be considered an example of overdisclosure regarding the incident?

Plaintiff provided details of her intended trip to her doctor's clinic prior the incident. Signup and view all the answers

What is the best way to summarize the sequence of events concerning the Plaintiff's actions during the incident (in relation to FROGs 20.8)?

The Plaintiff was traveling at the posted speed limit when struck. Signup and view all the answers

If a responding party claims a lack of personal knowledge regarding an interrogatory, which statement must be included?

The responding party must have made a good faith effort to obtain the information. Signup and view all the answers

Study Notes

Responding to Written Discovery Requests

Responding to written discovery requests requires a strategic approach to avoid providing the opposing party with information that may hurt the case.
Steps to respond to discovery requests:
- Evaluate whether an objection is needed (privileged information, irrelevant, etc)
- Determine if objections are valid or redundant and properly document them
- Respond carefully choosing to either answer the question or object.
Over-objecting is detrimental. A good approach is to object, but also answer the question to limit risks
Be concise and answer only the questions asked to avoid giving more information than needed. This is crucial to avoid inadvertently helping the opposing party
Avoid providing unnecessary information
If objections are necessary, clearly state the objections and the reasons. Further, offer a response to the question "subject to these objections."

Responding to Written Discovery Requests: Deadlines

Parties generally have 30 days from service to respond to written discovery requests.
For non-personal service, the deadline is extended:
- 2 court days if served electronically or by overnight delivery
- 5 calendar days if served within California
- 10 calendar days if served outside California but within the US
- 20 calendar days if served outside the US

Responding to Written Discovery Requests: Modification of Deadlines

Court orders or stipulations can shorten or extend the deadline,
Professional courtesy is to provide extensions if there are no prior abuses of the system and the deadline is not pressing
Any request for an extension should be in writing and specify the new deadline.

Responding to F/SROGs

If presented with both F/SROGs, they must be answered separately.
The content of the responses should be similar.
Answers should be complete and straightforward, and accurate to the best ability of the party's knowledge.
Applicable objections should be used, except for subparts or compound items
Responses should be under oath ("verified").
Verifications must be signed by an attorney if objections are present.
No verification is needed if all the responses are objections.

Responding to RFAs

Answer RFAs with either "admitted" or "denied", however, if there is an objection this should be noted.
Providing an answer subject to an objection should be done if presented with an objection
Specify lack of information in response to a portion of the request, and explain efforts to locate the requested information
Protective orders should be sought if appropriate

Effect of Admission

Answers admitting the request, or parts of it, serve as conclusive evidence at trial.
Admissions are admissible as evidence at trial, or in motion practice (including summary judgment motions).
An admission is considered conclusive, regardless of whether there's subsequent contradictory evidence presented.

Motion to Withdraw/Amend Admission

If an admission is incorrect or incomplete, file a noticed motion with the court for allowance of withdrawal or amendment
Provide grounds for withdrawal or correction (e.g., mistake, inadvertence, excusable neglect)

Responding to RFPs: Agreement to Produce

For straightforward requests and unobjectionable documents, state explicitly that all responsive documents will be produced.
If a party has already produced documents in response to a prior request, note this in the response.
Incomplete statements of compliance may result in a motion to compel

Responding to RFPs: Statement of Inability to Comply

For non-compliant requests, explain why compliance is not possible:
- Documents do not exist
- Documents have been destroyed, misplaced, or stolen
- Documents are not in the party's possession
The response should affirm a diligent search and reasonable inquiry to locate these items
Include a statement that additional information will be provided if discovered

Responding to RFPs: Object to All or Part of the Request

When objecting to a portion of a request, the remaining portion must be addressed with a statement of compliance OR statement of inability to comply
A clear and specific reason for objection should be part of the response, including identification of the document category and specific grounds for objection.

Privilege Log

When a response withholds documents due to privilege, work product, or other objections, a detailed log must be provided.
A log is meant to contain sufficient information to justify and evaluate the claim for protection
Specific information like document identifiers, dates of the document, authors, recipients, document type and specified privilege should be included

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Description

This quiz focuses on the essential strategies for responding to written discovery requests in legal cases. Participants will learn how to evaluate objections, document responses, and ensure that their answers do not inadvertently assist the opposing party. Mastering these techniques is crucial for effective legal representation.