Sample objections to requests for production of documents

Sample Objections to Requests for Production

Under Fed. R. Civ. P. 34(b)(2)(B)–(C), objections must be stated with specificity, identify whether responsive materials are being withheld, and permit production of any unobjectionable portion.[2] Boilerplate objections generally are inadequate.[1]

1. Relevance

Objection: Responding Party objects to this Request because it seeks documents that are not relevant to any claim or defense and are outside the permissible scope of discovery under Fed. R. Civ. P. 26(b)(1). Responding Party will produce nonprivileged documents responsive to the portion of the Request concerning [narrow subject matter].

2. Lack of Proportionality

Objection: Responding Party objects because the Request is disproportionate to the needs of the case. It seeks [describe breadth] for a period of [time period], although the claims concern only [limited subject]. The burden and expense of reviewing the requested materials outweigh their likely benefit under Fed. R. Civ. P. 26(b)(1). Responding Party will produce responsive documents limited to [proposed limitation].

3. Overbreadth

Objection: Responding Party objects that the Request is overbroad because it seeks “[quoted language]” without limitation as to subject matter, custodian, source, or time. Responding Party will search for and produce nonprivileged responsive documents created or received between [date] and [date] concerning [defined subject].

4. Vagueness or Ambiguity

Objection: Responding Party objects because the term “[term]” is vague and ambiguous. As presently worded, the Request does not reasonably identify the documents sought. Subject to that objection, and based on the reasonable interpretation that “[defined meaning],” Responding Party will produce responsive, nonprivileged documents.

Counsel should ordinarily seek clarification before asserting a vagueness objection.[1]

5. Undue Burden or Expense

Objection: Responding Party objects because compliance would impose an undue burden and expense. The Request requires review of approximately [number] documents from [number] custodians and systems, including [sources]. The burden is disproportionate because [specific explanation]. Responding Party will produce documents from [narrowed sources] for the period [dates].

A burden objection should be supported with specific facts, and when appropriate, an affidavit or declaration.[1]

6. Cumulative or Duplicative

Objection: Responding Party objects under Fed. R. Civ. P. 26(b)(2)(C)(i) because the Request seeks documents duplicative of materials already produced in [production/bates range] or obtainable from [identified source]. Responding Party will not reproduce those materials but will produce any nonduplicative responsive documents.

7. Privilege

Objection: Responding Party objects to the extent the Request seeks documents protected by the attorney-client privilege, work-product doctrine, or another applicable protection. Responsive materials are being withheld on this basis. Privileged materials will be identified in a privilege log or other description sufficient to permit evaluation of the claim, consistent with Fed. R. Civ. P. 26(b)(5)(A).

8. Work Product

Objection: Responding Party objects to the extent the Request seeks documents prepared in anticipation of litigation or for trial. The Request does not establish substantial need or inability to obtain the substantial equivalent without undue hardship, as required by Fed. R. Civ. P. 26(b)(3)(A). Responsive work-product materials are being withheld.

9. Confidential or Trade-Secret Information

Objection: Responding Party objects to the extent the Request seeks confidential, proprietary, or trade-secret information. Responding Party will produce nonprivileged responsive documents subject to an appropriate confidentiality or protective order under Fed. R. Civ. P. 26(c)(1)(G).

10. Possession, Custody, or Control

Objection: Responding Party objects to the extent the Request seeks documents not within its possession, custody, or control. After a reasonable inquiry, Responding Party has identified no additional responsive documents within its possession, custody, or control. Fed. R. Civ. P. 34(a)(1)

11. Documents Not in Existence

Response: After a reasonable search and inquiry, Responding Party is not aware of any nonprivileged documents responsive to this Request that are within its possession, custody, or control. Responding Party will supplement this response if additional responsive documents are identified.

12. Improper Form of ESI Production

Objection: Responding Party objects to the requested production format because [specific reason]. Subject to that objection, Responding Party will produce electronically stored information in [native format/searchable PDF/TIFF with load file], which Responding Party contends is reasonably usable under Fed. R. Civ. P. 34(b)(2)(D)–(E).

13. Request for “All Documents”

Objection: Responding Party objects to the phrase “all documents” because, without reasonable subject-matter and temporal limitations, it is overbroad and disproportionate. Responding Party will produce documents sufficient to show [specified information] for the period [dates].

14. Compound or Multiple Requests

Objection: Responding Party objects because the Request improperly combines multiple distinct categories of documents and does not describe each category with reasonable particularity, as required by Fed. R. Civ. P. 34(b)(1)(A). Responding Party will respond separately to the following narrowed categories: [list categories].

15. Partial Objection and Production

Objection: Responding Party objects to the Request to the extent it seeks documents concerning [excluded subject, time period, or category]. Responding Party will produce nonprivileged responsive documents concerning [permitted subject] from [date] through [date]. Responsive materials outside that limitation are being withheld on the basis of this objection.

Practical rule: Do not state merely “overbroad, vague, burdensome, and irrelevant.” Explain why, identify the precise limitation, state whether documents are being withheld, and produce the unobjectionable portion.[2]