The Legal Intelligencer

Litigators know the familiar song and dance of responding to discovery requests—the response starts off with a list of general objections ranging from privilege to vagueness concerns and continues with a list of specific objections incorporating by reference the general objections already laid out. Oftentimes it can be frustrating (but at this point not surprising) to realize that you have not gleaned any information from the opposing party's responses. 

To address this frustration and streamline the discovery process, the Federal Rules of Civil Procedure were amended in 2015. While other rule amendments have garnered more attention (e.g., the scope of discovery under Rule 26), most litigators have failed to recognize that the newly amended Rule 34 essentially prohibits general objections.

This article seeks to address judges' increasing frustration in counsel not adopting the amended rules in their discovery practices. Based on the current trend of case law, lawyers who appear in federal court would be wise to familiarize themselves with the new rules and modify their forms accordingly.