4. Plaintiff obtained any responsive information, other than the information that Defendant may derive from the materials described in the preceding paragraphs, from interviews of individuals by attorneys and staff of Plaintiff. The interrogatory should be Such notes and/or memoranda of interviews have not been reviewed by or considered by the potential testifying expert economist. Every lawyer who practices litigation knows the frustration of receiving general or "blanket" objections to written discovery. This blog discusses each of the three deposition objections, as well as when and why each objection is used during a deposition. 802 An interrogatory is overbroad on its face if it uses the words all or every. For example, an interrogatory asking for all persons with information relevant to the action, every document mentioning your injuries, finances, or accident, or each injury youve suffered in the past is objectionable. There are strict time limits for filing objections and responses to interrogatories and other forms of discovery. 0000049836 00000 n Some examples include: Objections to interrogatories to the extent that they call for legal conclusions. "During" can be construed to mean "at the time of," instead of "in the course of." 0000001444 00000 n As noted above, such a log would include virtually every internal document created by Plaintiff over the course of Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth. o})Lle,S]&s*giBi $^gr@,4O\UDiaDr'Y{ :U8b nzL1$[ t.7crYo{W8j%X{OBp !gRqJ*J#/&CaXI;:X#84( Documents Already Produced In federal court, you have more time to object to interrogatories. specific objections to belowthe Interrogatories. Houston, TX 77018 Plaintiff objects to this request as vague and ambiguous because it relies on the undefined term "CID investigation." Proper and Improper Objections to Interrogatories and . SFD objects to the Interrogatories to the extent they call for information which "concerns" or "relates to" a particular topic on the ground that providing information with any relationship to a particular topic is unduly burdensome and out of proportion to the information's potential relevance. Finally, Plaintiff objects to this interrogatory, in its entirety, pursuant to the work product doctrine. You may object to an interrogatory that seeks your Social Security Number or documents related to a claim for Social Security Disability Insurance benefits in most cases. 0000002107 00000 n 0000004590 00000 n Share sensitive information only on official, secure websites. But the same interrogatory without a time restriction is objectionable. Official websites use .gov hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; Rule 33 (2007). 0000003287 00000 n Yes if the answer will not hurt your case and doesnt invade your privacy. Objections to Discovery Frivolous objections to discovery requests are subject to sanctions by the trial court, including, e.g., objections to identification of persons having knowledge of relevant facts and identification of testifying expert witnesses. Call the Law Offices of Kretzer and Volberding P.C. For each subsidiary identified in your answer to Interrogatory No. Texas Rule of Civil Procedure 192.3 outlines the scope of discovery. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. 0000004042 00000 n "[T]he interrogatory in question does not seek to elicit theories but explicitly re-quests facts. You may find this objection is justified if an interrogatory asks for personal information or details of your financial condition that is unrelated to the claim's subject matter. 0000013243 00000 n If the question being asked suggests what the answer should be, a leading objection is proper. 13009 issued to Dentsply by the DOJ in connection with its antitrust investigation of Dentsply prior to the filing of its complaint on January 5, 1999," that definition gives no greater meaning to the phrase "CID investigation," unless it is intended to limit the interrogatory to those individuals and entities interviewed by Plaintiff pursuant to Civil Investigative Demand Number 13009. 0000001733 00000 n In federal court, you have more time to object to interrogatories. Plaintiff does not and cannot know "all facts known" (emphasis supplied) to such individuals and entities that are relevant to the claims at issue here. 0000014400 00000 n If you use this objection, state why the interrogatory is not relevant to the subject matter and explain how answering it could not lead to the discovery of admissible evidence. According to the Texas Rules of Civil Procedure, the only available objections are: (1) form, (2) non-responsive, and (3) leading. This means you must answer all the questions asked in interrogatories. Identify each employee of Smithfield or any Smithfield subsidiary who plays any role in the marketing or sale of products produced by each subsidiary identified in your answer to Interrogatory No. Fax: 713-255-4426 You can object to an interrogatory if the expense or burden of answering outweighs its likely benefit to the opponent. 0000006633 00000 n In litigation, written discovery typically consists of (1) Requests for Production, (2) Requests for Admission, and (3) Interrogatories. 11. interrogatory to "describe briefly" Plaintiff's refund calculation. This article provides an overview of what you should consider when you receive interrogatories. Request Creates Unnecessary Burden, Expense, or Made for Purposes of Harassment Share sensitive information only on official, secure websites. The other party must force answers to your interrogatories. E-mail: info@silblawfirm.com, Corpus Christi Office 1, describe every type of actioneach such subsidiary takes that requires Smithfield's approval or authorization, including. Thus, one question with two subparts could actually count as three interrogatories in both Level 1 and Level 2 cases. 60 0 obj<>stream Telephone: 512-501-4148 Whether the amount in controversy (damages sought in the complaint) justify the expense required to answer the interrogatory, Whether the responding party disclosed similar information in responses to other discovery tools, including depositions and requests for admissions, How easily the requesting party could obtain the information by interviewing eyewitnesses or the, Whether the requesting party has similar access to the information sought, Interrogatories are a vital discovery tool used in civil litigation, Under the Rules of the Workers Compensation, Under Rule 33(b)(3) of the Federal Rules of Civil Procedure, police officer that completed the crash report, insurance defense attorneys ask for username and password information for social media profiles, The U.S. Constitutions 5th Amendment gives you protection against self-incrimination, Social Security Disability Insurance benefits, other party may ask about past criminal convictions, HITECH Act A Way to Get Medical Records in Your Disability, Workers Comp, or Personal Injury Case, My Employer Wants Me to Use Sick & Vacation Leave for a Work Injury. Plaintiff further objects to this instruction as overbroad and unduly burdensome to the extent it seeks (a) documents in the possession, custody, or control of individuals, agencies, or entities other than the Antitrust Division of the Department of Justice and its present employees, principals, officials, agents, attorneys, economists, and consultants either assigned to or reviewing this case, (b) documents and answers to interrogatories previously produced by Defendant to Plaintiff in the course of Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth, all transcripts of depositions of employees and former employees of Defendant, all correspondence between the Plaintiff and Defendant, all other information provided by Defendant to Plaintiff, and all information produced by Plaintiff to Defendant in response to discovery requests of Defendant, and (c) documents in possession, custody, or control of the Antitrust Division of the Department of Justice and its present officers, employees, principals, officials, agents, attorneys, and consultants to which the attorney work product doctrine, governmental deliberative process privilege, attorney-client privilege, or any other lawful privilege is applicable. startxref Number of Interrogatories 0000000914 00000 n The interesting part about objections in a deposition is that no one is there to rule on them - they are not sustained or denied. 0000000616 00000 n Fax: 469-283-1787 Objection to Interrogatories in Texas psilberman August 30, 2021 The focus of this series is the various issues which cause objections during the discovery process, outlined below: Introduction Permissibility of Discovery Tool Number of Interrogatories Outside the Scope of Discovery Lacks Specific Description within Request Civil Rule 33 (a) (2) provides that an interrogatory is not objectionable simply because it "asks for an opinion or contention that relates to the application of law to fact." 1. See Federal Rule of Civil Procedure 26(b)(3); Hickman v. Taylor 329 U.S. 495 (1947). The Situation: Courts have increased their scrutiny of parties responding to discovery requests "subject to" objections. 0000002972 00000 n 11, identify the person at Smithfield who approves or authorizes such action. RESPONSE TO FORM INTERROGATORY NO. By setting forth such additional specific objections, Defendants do not, in any way, intend to limit or restrict General Objections. Such objections do not comply with Local Rule 26.1(e)(2)(A), which provides that, when an objection is made to any interrogatory or subpart thereof or to any document request under Federal Rule of Civil Procedure 34, the - objection shall state with specificity all grounds. If you raise this objection, you must prepare a privilege log and provide it to the other party. "Verbatim statements of a third party" include, but are not limited to, transcripts of the depositions of third parties, oral statements from any third party or its counsel, and correspondence from third parties to Plaintiff. [3c0g8qS eg63^fTdX`pa_`4``2c` g )p An interrogatory that asks for a professional opinion from a lay witness is improper, and you should object. You can find the general objections listed before the other partys responses to specific interrogatories, along with a statement that these objections apply to all answers. SFD's general objections are applicable to, and included in, SFD's specific objections and answers set forth below. SFD objects to the Interrogatories to the extent they seek disclosure of information protected under the attorney-client privilege, the work-product doctrine, or any other applicable privilege or immunity. Further, Lawrence Shipp joined SFD as Vice President of Logistics on January 3, 2002. SFD objects to the Interrogatories, and any implied or express instruction or direction in the Interrogatories, that impose or seeks to impose burdens greater than those imposed by the Federal Rules of Civil Procedure. . An objection(s) to discovery is an . <<63C40AC0B7D49E40B7F0030E83088B82>]>> 0 Our years of trial experience protect you and your company. 58 0 obj<> endobj Interrogatories are a vital discovery tool used in civil litigation, including workers compensation, tort, and car accident cases. a subsidiary's budget, its capital or operating expenditures, its entry into a contract or its involvement in other business transactions. "An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time." Fed. Silberman Law Firm, PLLC Copyright 2016 | DisclaimerPrincipal office located in Houston, TX. Plaintiff objects to each instruction, definition, document request, and interrogatory as overbroad and unduly burdensome to the extent it seeks documents or information that are readily or more accessible to Defendant from Defendant's own files, from documents or information in Defendant's possession, or from documents or information that Defendant previously produced to Plaintiff. There are many grounds to object to interrogatories. Vagueness, Lacks Specificity, or Ambiguity of Request These forms should be used as a guide and should be completed and supplemented as may be appropriate to your case. Unduly Burdensome, Expensive, or Oppressive, The Information is Already Known or Equally Available to the Requesting Party, Speculation or Question Based on an Improper Assumption, Interrogatory Asks for a Legal Conclusion, Embarrassment, Harassment, Annoyance, or Invasion of Privacy. 0000005343 00000 n 305839). 0000006762 00000 n Subject to and notwithstanding this objection, Plaintiff will use the more expansive definition of "third party" that it has provided in above Objection 3, and it will treat "statements" as covering those made by the individuals and entities listed in Plaintiff's Rule 26(a)(1) Initial Disclosures during Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth. Therefore, Interrogatories requesting information regarding conduct or circumstances prior to January 1, 1997, or after January 31, 2001, seek information that is irrelevant and such Interrogatories are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in determining whether or not SFD is amenable to jurisdiction in this district. Fax: 512-318-2462 At the March 8, 1999 conference with the Court, Defendant's counsel suggested that interview memoranda were discoverable. Information Unknown or Not in Possession of Responding Party Plaintiff further objects to this request as duplicative, overbroad, and burdensome even if the term "reflected" were construed more narrowly to include only documents containing or including verbatim statements. Such a reading here demonstrates the problems with the use of this undefined term. SMITHFIELD FOODS, INC 200 Commerce Street Smithfield, Virginia 23420. In an earlier series, we outlined the different aspects of the discovery process in Texas as well as The Texas Rules of Civil Procedure which establish procedures and parameters for each aspect. Plaintiff further objects to Definition No. A party may serve no more than 25 interrogatories. EXHIBIT B. to Smith Declaration Information Obtainable from Another Source Law BoyarMiller attorneys Robert Arthur and Whitney Brieck discussed evolving trends in how Texas courts are applying the Texas Rules of Civil Procedure to streamline written discovery, as well as some best practices for successfully making and challenging discovery objections. 3.12. The changes March 8, 2021 . 6. 2031.210, 2031.220, 2031.230 and 2031.240 The exception is if the responsive documents have previously been produced in discovery by the responding party. E-mail: info@silblawfirm.com, San Antonio Office If you object to an interrogatory on the ground that it is too expensive to respond, there are things you can do to make it more likely the court will accept your position. San Antonio, TX 78230 Interrogatories should not require a party to provide a narrative account of his case." Grynberg v. Total S.A., Inc., Civil Action No. Even so construed, the request is duplicative, overbroad, and burdensome to the extent that it calls for documents already produced to Defendant in response to Defendant's February 2, 1999 Request for Documents, including, but not limited to, documents produced to Plaintiff by third parties, transcripts of the depositions of third parties, and correspondence from third parties to Plaintiff. This was well after the alleged causes of action accrued and after the time DOJ alleged SFD was in violation of the relevant statute. 0000000833 00000 n Plaintiff, by and through its attorneys, and pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure and the Local Rules of this Court, responds and objects to Defendant Dentsply International, Inc.'s ("Dentsply") Second Request for Documents and First Set of Interrogatories as follows: 1. It is duplicative of Form Interrogatory 3.1 which was served by Madera Framing on November 24, 2015 and responded to on January 15, 2016, by Responding Party. Or the court may cause you to produce more information than you otherwise would have. 0000005926 00000 n See General Objections. #220 These Sample Interrogatories do not change any court requirements. 0000058592 00000 n 0000008284 00000 n 8. These objections contradict the Civil Rules or other authority. There are two reasons to object to an interrogatory. The right to ask these interrogatory questions come from the Texas Rules of Civil Procedure 191, 192, 197 and 215.3. . 17, provide a brief description of each employee's day-to-day activities as they relate to sales and marketing for those subsidiaries identified in your answer to Interrogatory No. 0000041378 00000 n -1!o7! ' An official website of the United States government. The attorney simply makes an objection and then the deposition continues on, preserving the objection for the Court to rule on later. Here are the most effective ones: In litigation, a party may discover any non-privileged matter relevant to its claim or defense. Telephone: 409-240-9766 A .gov website belongs to an official government organization in the United States. 0000000016 00000 n OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS. There are several reasons for why an attorney will object to form. A word of caution:Be careful about hoping the other side will not force you to answer a proper interrogatory. See C.C.P. Lacks Specific Description within Request All such information, prepared in anticipation of litigation and not disclosed or otherwise maintained in a way that is inconsistent with the purpose of the privilege, is protected by the work product doctrine. Sometimes its better to avoid the fight if it will not impact the cases outcome or cost you goodwill with the judge. 340 0 obj <>stream FRCP 33 (a) limits the number of questions (taking into account discrete subparts of questions . 0000003145 00000 n Should I Give an Answer or an Objection to the Interrogatory? Further, SFD objects to the Interrogatories to the extent they relate to Smithfield Companies, which was acquired by SFD on July 31, 2002, after the alleged causes of action accrued and after the periods DOJ alleged SFD was in violation of the relevant statute. Furthermore, Civil Investigative Demand 13009 was issued to Dentsply, not to third parties. 0000009903 00000 n See Federal Rule of Civil Procedure 33(d). P. 33 (a) (2).] A leading question is one that suggests the answer that the attorney is wanting from the witness. You must raise objections to interrogatories within a specific period, or you waive them. 1. Objections By: "/s/" Thomas G. Slater Counsel, SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York, NY 10017-3954 Telephone: (212) 455-7680, HUNTON & WILLIAMS LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, Virginia 23219-4074, HUNTON & WILLIAMS LLP 1900 K St., NW Washington, DC 20006 Telephone: (202) 955-1920. Creation of Document not in Existence %%EOF According to the Texas Rules of Civil Procedure, the only available objections are: (1) form, (2) non-responsive, and (3) leading. Nearly all, if not all, documents in Plaintiff's files would thus "reflect" some such verbatim statement because to some degree the documents contain information derived from verbatim statements. 0000000736 00000 n Indeed, the Court has ordered the parties to disclose the likelihood that they will call those persons as witnesses, and Plaintiff has done so, reducing the list of 184 individuals and entities to 31 individuals whose testimony Plaintiff is very likely or likely to present at trial, either by live testimony or deposition. d AoPP n L@`kd7U)hrA$~U20@/=J%e9ezCN c=@ 2S Objections to Written Discovery. You must be strategic in your answers. 10. Plaintiff objects to each instruction, definition, document request, and interrogatory to the extent that it purports to impose any requirement or discovery obligation greater than or different from those under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court. endstream endobj 320 0 obj <> endobj 321 0 obj <> endobj 322 0 obj <>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 323 0 obj <> endobj 324 0 obj <> endobj 325 0 obj <> endobj 326 0 obj <>stream 0000005003 00000 n Outside the Scope of Discovery Thus, these materials were created and maintained in a manner consistent with maintaining the protections afforded work product. Plaintiff objects to this document request as vague and ambiguous to the extent that it relies on the term "reflecting," which is not defined in Defendant's Second Request for Documents and First Set of Interrogatories. Lacks Specific Description within Request Interrogatory No. 0000006030 00000 n You can interpret the question narrowly and respond. Telephone: 409-240-9766 and subject to all proper objections to admissibility 777 Main Street, Ste. 2. At the March 8, 1999 conference with the Court, Defendant's counsel suggested that interview memoranda were discoverable. 0000004554 00000 n E-mail: info@silblawfirm.com, Austin Office Part of the question mis-states some fact or testimony; The question assumes facts not in evidence; The question calls for an opinion from an unqualified witness; The question is harassing and/or oppressive; The question involves an incomplete hypothetical; The question has already been asked and answered; There is a lack of foundation for the question; and. 8000 IH-10 West, Suite 600 Rule 33 Interrogatories: Produce or Object As mentioned above, you have 30 days to respond when you receive an interrogatory pursuant to Rule 33. Asking the same or similar questions is oppressive and objectionable. Electronic and Magnetic Data Procedure. These Objections and Responses to Interrogatories are by a defendant in a single plaintiff employment discrimination case. The number of interrogatories is further limited by the fact that, according to Texas Rules of Civil Procedure 190.3 (B)(3), the discrete subpart of an interrogatory is actually counted as a separate interrogatory. 0000038535 00000 n 0000002779 00000 n 4320 Calder Ave. See General Objections. xref Subject to the above objections, Plaintiff has no responsive documents in its possession, custody, or control, other than those that have already been produced to Defendant and those being produced as verbatim statements of a third party in response to Request No. Instead of using general objections, you should instead state particular objections to those interrogatories you find improper. TEX. All such information, prepared in anticipation of litigation and not disclosed or otherwise maintained in a way that is inconsistent with the purpose of the privilege, is protected by the work product doctrine. Interrogatories: Interrogatories are written questions that require the receiving party to answer in their own words. For example, the court is more likely to rule for you if you offer to make the documents sought available for review or to split the cost of production. Creation of Document not in Existence Vola should have been required to answer, at least to the extent the rule provides. While "CID" is defined in Definition No. Assertions of Privilege. ?3Z-RRqu&pamS6eWVgzg{L64l:G-@0LzQI` * The court may sanction you, assessing a fine and court costs. Later in this article, I explain what makes an interrogatory objectionable. Plaintiff will use the definitions of these terms found in Objections 3-4 in responding to this request. For example, a court has the discretion to ignore a waiver based on an untimely response and refuse to compel an answer if it finds an interrogatory is improper. Fax: 469-283-1787 600 17330 Preston Rd., Ste. For example, some insurance defense attorneys ask for username and password information for social media profiles and emails. 0000003067 00000 n The information exchanged during discovery can include responses to questions, production of documents, statements, and identification of potential witnesses. 2. Object if your answer to an interrogatory would be self-incriminating. To the extent that "during" is intended to mean "at the time of," Plaintiff objects to this definition as overbroad because it would call for materials unrelated to this action. 0000005069 00000 n LEXIS 28854 *18 (D. Colo. May 3, 2006). Plaintiff will construe "during" to mean "in the course of.". That response must either grant permission to. All such documents and information will not be produced. Accordingly, FoodMatch need not respond to the portions of interrogatories 16-25 that ask that it "state all facts and identify all evidence" regarding the listed subjects until the close of discovery. xb```f`` |@1X t+]HX7r-=rL * ) 3XZ${KKo& The interesting part about objections in a deposition is that no one is there to rule on them they are not sustained or denied. 0000005084 00000 n I believe, based on reasonable inquiry, that the foregoing answers are true and correct to the best of my knowledge, information and belief. Describe all contractual obligations incurred by each Smithfield subsidiary identified in your answer to Interrogatory No. Fax: 210-801-9661 Interrogatory No. 4. Therefore, there are no "third part[ies]" as that term is defined. Houston Office Official websites use .gov Answering interrogatories and responding to discovery requests without analyzing your rights and responsibilities can damage your case. Introduction to This Series About Objections During Discovery psilberman August 30, 2021 The focus of this series is the various issues which cause objections during the discovery process, outlined below: Introduction Permissibility of Discovery Tool Number of Interrogatories Outside the Scope of Discovery Lacks Specific Description within Request 2. But it cannot get information that is irrelevant or remote from the subject matter. There are two types of witnesses expert witnesses and lay witnesses. Still, the objection may slow some creditors. Rule 34 The interviews were memorialized by notes and/or memoranda written by Antitrust Division attorneys and staff. 3. Further, an interrogatory might be overbroad if it fails to limit the time it concerns. The events which prompted these new amendments to TUTSA were twofold in nature: (1) Congress passed the Defend Trade Secrets Act in May 2016; and (2) the Supreme Court of Texas introduced a seven-factor balancing test for overcoming certain presumptions under TUTSA. 0000003211 00000 n Electronic and Magnetic Data 0000006404 00000 n Seeks Admission of a Matter of Opinion Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. 0000045479 00000 n Discuss the interrogatories with your attorney, if you have one. %PDF-1.6 % All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. 8. Outside the Scope of Discovery Telephone: 361-480-0333 A deposition is conducted in question-and-answer form, so a witness should simply answer the question that is asked. A response to a document request or interrogatory stating that objections and/or indicating that documents will be produced shall not be deemed or construed that there are, in fact, responsive documents, that Plaintiff performed any of the acts described in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory, or that Plaintiff acquiesces in the characterization of the conduct or activities contained in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory. E-mail: info@silblawfirm.com, San Antonio Office 3. 0000043420 00000 n The Department of Justice ("DOJ") has alleged that the first cause of action accrued on June 28, 1998, and that SFD was in violation of the relevant statute from June 26, 1998, through October 1, 1998. Such an interrogatory is objectionable if you cannot answer it until the parties complete discovery. The opinion and the PIA do not restrict what a judgment debtor has to provide to a judgment creditor to aid in post judgment discovery and collections. Interrogatories. 3. R. Civ. E-mail: info@silblawfirm.com, Dallas Office Thus, these materials were created and maintained in a manner consistent with maintaining the protections afforded work product. Information about tax returns, W-2, or 1099 forms may be privileged, depending on the dispute. endstream endobj 330 0 obj <>stream Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. But you should only do this if you have a reasonable basis for the objection and do not think the other party will press the issue. To satisfy this burden, you should state your objection with specificity. 1. trailer The focus of this series is the various issues which cause objections during the discovery process, outlined below: Introduction What Happens if I Dont State an Objection? Whether the information sought is vital to resolving the legal dispute. But there are situations where it makes sense to object to an interrogatory on the ground that it asks for a legal conclusion. . Fed. As an attorney taking or defending a deposition, the three objections allowed during depositions in state court in Texas under the Texas Rules of Civil Procedure are the only objections in your tool-belt knowing when and why to properly use them is critical. Plaintiff further objects to this interrogatory as overbroad and unduly burdensome to the extent it seeks information that is readily or more accessible to Defendant from Defendant's own files, including, but not limited to, interrogatory answers that Defendant produced to Plaintiff, transcripts of depositions of current or former directors, officers, and employees of Defendant, documents that Defendant produced to Plaintiff, and correspondence and other communications from Defendant to Plaintiff. 0000001820 00000 n In addition, such materials often summarize the reasons the Division conducted the interview, characterize the importance of the information learned in the interview, draw inferences based on that information, describe the author's impressions concerning the cooperativeness, credibility, or knowledge of the interviewee, and/or identify potential areas of further inquiry. U1}9yp 0000003184 00000 n 0000036406 00000 n 2.The contention interrogatory must explicitly seek facts and not contentions or legal theories or analyses. As the party resisting discovery by objecting to an interrogatory, you have the burden to explain why your objections are proper. PLAINTIFF'S RESPONSES AND OBJECTIONS TO DEFENDANT'S SECONDREQUEST FOR DOCUMENTS AND FIRST SET OF INTERROGATORIES. Identify each Smithfield subsidiary whose products are, directly or indirectly, marketed or sold inthe District of Columbia. Further, DOJ requests information regarding conduct and events that occurred well after the alleged causes of action accrued and after the time DOJ alleged SFD was in violation of the relevant statute. 0000007400 00000 n Do not try to answer an interrogatory prematurely if more information is needed. Plaintiff will produce responsive documents only to the extent that such documents are in the possession, custody, or control of the Antitrust Division of the U.S. Department of Justice, as set forth in the Federal Rules of Civil Procedure.Plaintiff's possession, custody, or control does not include any constructive possession that may be conferred by Plaintiff's right or power to compel the production of documents or information from third parties or to request their production from other divisions of the Department of Justice or agencies of the United States. 0000007074 00000 n This is objectionable. 1, which also used this undefined term, Plaintiff used "contain, include, or are derived from" as the equivalent of "reflecting" in an attempt to read the request broadly. For example, interrogatories asking for all documents from one specific month or all medical records from the past five years might be ok. endstream endobj 333 0 obj <>stream For example, an objection based on attorney-client privilege or the work product doctrine requires you to describe the nature of the documents or communications you are withholding. A blanket objection would likely prompt the judgment creditor to file a motion to compel and for sanctions. xb```"SVs eah`\v&.&Xp}a4m9ursq`+Tb>q#k!)v;ji"l/&-|y5K#&FXvMLs-}/8Lb# E-mail: info@silblawfirm.com, Corpus Christi Office Request Seeks Admission of a Legal Proposition 5. 2. their Case 16-03175 Document 173-3 Filed in TXSB on 12/01/17 Page 1 of 11. 0000036397 00000 n Plaintiff files the Post Judgment Interrogatories in the Clerk's Office of the Fulton County Magistrate Court. To the extent the Interrogatories do seek such information, SFD will respond only pursuant to a Protective Order under Fed. 1 of 41 Obtaining and Objecting to Written Discovery in Texas State Court from BoyarMiller Rule 193 - Written Discovery: Response; Objection; Assertion of Privilege; Supplementation and Amendment; Failure to Timely Respond; Presumption of Authenticity 193.1 Responding to Written Discovery; Duty to Make Complete Response.. A party must respond to written discovery in writing within the time provided by court order or these rules. Pursuant to Fed. Request Seeks Admission of a Legal Proposition Personal, Constitutional or Property Rights Personal, Constitutional or Property Rights %%EOF 5 7>00Y 0000000951 00000 n One of the first cases defense attorneys should rely upon is the Fourth District Court of Appeal's opinion in Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015), in which the plaintiff slipped and fell in a Target store. Moreover, "[a]n objection to an interrogatory shall be made by stating the objection and the reason therefore either in the space following the interrogatory or . S., Ste. 1, including federal corporate income tax returns, state income tax returns, and state property tax returns. 13009 issued to Dentsply by the DOJ in connection with its antitrust investigation of Dentsply prior to the filing of its complaint on January 5, 1999," that definition gives no greater meaning to the phrase "CID investigation," unless it is intended to limit the definition of "statement" to any comment, observation, remark, observation, or affirmation, whether in written or oral form, made by a third party to Plaintiff during the Civil Investigative Demand Number 13009 investigation. > > Read More.. Form & Format of Papers Format of Responses If it decides not to do so for tactical reasons or because of laziness or inattention, you can avoid producing information or documents that limit your cases value. Telephone: 361-480-0333 Plaintiff objects to producing these duplicative, privileged materials from files other than the principal investigatory and case files. Whether due to overzealous counsel, confusion about the many complex rules of discovery, or some combination of both, a party may feel a need to object to the requests or responses. Information Unknown or Not in Possession of Responding Party The court may sanction you, assessing a fine and court costs. endstream endobj 334 0 obj <>stream While this article will focus on spe cific objections, the procedure in responding to discovery is important. 2 to the extent that it calls for documents protected from disclosure by the attorney-client privilege, deliberative process privilege, attorney work product doctrine, or any other applicable privilege. . Plaintiff further objects to this request to the extent that it relies upon the terms "statement" and "third parties." Requests for production: Requests for Production ask for the receiving party to produce certain types of documents and/or items. Subject to and without waiver of the foregoing objection: Frank contacted Plaintiff via telephone initially and made an agreement with Plaintiff. 0000002693 00000 n Telephone: 512-501-4148 Information Obtainable from Another Source Describe all policies or procedures by which Smithfield subsidiaries, directly or indirectly, access funds from all debt instruments to which Smithfield is a signatory. Fax: 512-318-2462 If you do not understand the question asked because it is ambiguous or confusing and you cannot determine what information the requesting party seeks, you should object and answer in good faith as well as you can. Under Rule 33(b)(3) of the Federal Rules of Civil Procedure, a responding party must serve its answers and any objections to interrogatories within 30 days after being served. litigation objections interrogatories discovery By S.J. 0000043163 00000 n It is very common to get discovery responses which have "General Objections" up front, followed by specific objections to each of the numbered discovery requests. Plaintiff will make available for inspection at Plaintiff's offices responsive documents. GENERAL OBJECTIONS 1. Lacks Specific Description within Request, Vagueness, Lacks Specificity, or Ambiguity of Request, Information Obtainable from Another Source, Information Equally Available to the Other Party, Request Creates Unnecessary Burden, Expense, or Made for Purposes of Harassment, Personal, Constitutional or Property Rights, Information Unknown or Not in Possession of Responding Party, Request Seeks Admission of a Legal Proposition, Objection Due to Permissibility of a Discovery Tool, Disinheriting a Family Member: The One-Dollar Myth, Proper Procedures for Remote Online Notarizations, Fraudulent Inducement Involving Developer Deed Restrictions. Plaintiff objects to each instruction, definition, document request, and interrogatory to the extent that it purports to impose any requirement or discovery obligation greater than or different from those under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court. Secure .gov websites use HTTPS These interviews were conducted by attorneys and staff of Plaintiff. Republic also objects to this interrogatory to the extent it calls for information protected by the attorney-client privilege, attorney work-product doctrine, and other privileges provided by Texas law and the Federal Rules of Civil Procedure. Plaintiff objects to Instruction No. Moral of the Story: You need to bring a motion to strike any " General Response and Objections " so the responding party can be held accountable for . Report Anticompetitive Conduct After a Natural Disaster. Plaintiff objects to this document request as overbroad, burdensome, vague, and ambiguous to the extent that it relies on the term "reflecting," which is not defined in Dentsply's Second Request for Documents and First Set of Interrogatories. 250 600 You have two options when the other party serves you with interrogatories answer or object. Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Smithfield Foods, Inc. ("SFD") states its responses and objections to Plaintiff's First Set of Interrogatories Relating to Jurisdictional Discovery ("Interrogatories") as follows: 1. 9 Identify (name, address and telephone number) all persons employed by . {u-,gVP#'{W@=Q6o""u7l!R;_WC[eTb0aa,KQbZS#vuJ#n,Gz^rDGZg^W~nKp4Kd8 Plaintiff further objects to this request as duplicative and burdensome to the extent that it calls for documents already produced to Defendant in response to Defendant's February 2, 1999 Request for Documents, including but not limited to transcripts of depositions of third parties and correspondence from third parties to Plaintiff. 5 regarding "third party" to the extent it relies on the undefined term "CID investigation." Xf]],b|EIX~~k rI)Qb*9VN@7qq 8ZVd6E9%p86>. 4. 58 16 E-mail: info@silblawfirm.com, Beaumont Office Describe all types of intercompany transfers from Smithfield subsidiaries to Smithfield. 2016)). Interview memoranda of the Antitrust Division, however, notes of such interviews, and attorney and staff recollections of such interviews are protected from discovery by the work product doctrine. And no judge or deputy commissioner has forced my client to turn this over. 0000007286 00000 n endstream endobj 331 0 obj <>stream SFD reserves all objections as to the competence, relevance, materiality, admissibility, or privileged status of any information provided in response to these Interrogatories, unless SFD specifically states otherwise. 0000001203 00000 n Gone are the situations when one party could seemingly harass the other party with impunity by serving dozens of irrelevant and burdensome written questions during the discovery process. As to the person or persons who participated in responding to these Interrogatories please supply: (a) the name and title of each such person; (b) the home address of the defendant in this case; (c) the business address of the defendant in this case. All of the depositions taken of individuals listed in Plaintiff's Rule 26(a)(1) Initial Disclosures, all documents produced by the individuals and entities listed in these Disclosures, and all of the correspondence from such individuals and entities listed in such Disclosures have already been, or are being, produced to the Defendant. With regard to the 184 individuals and entities who were interviewed by the DOJ pursuant to its CID investigation of Dentsply and subsequently identified in Plaintiff's Rule 26(a)(1) Initial Disclosures, please identify in detail all facts known to these individuals and entities that are relevant to the DOJ's claims against Dentsply in this matter. Plaintiff objects to each instruction, definition, document request, and interrogatory to the extent that it seeks documents protected from disclosure by the attorney-client privilege, deliberative process privilege, attorney work product doctrine, or any other applicable privilege. endstream endobj 327 0 obj <>stream 0000034055 00000 n A. Interrogatories in General Texas Rule 197 governs interrogatorieswritten questions propounded by one party to another.6 Like other written discovery requests, 4See Garcia v. Peeples, 734 S.W.2d 343, 347 (Tex. 0000002168 00000 n For each employee identified in your answer to Interrogatory No. Such materials contain the mental impressions, conclusions, opinions, and legal theories of the Government's attorneys in summarizing the Government's understanding of information obtained in the interview, for instance by the emphasis in memoranda of the specific issues of interest to the Division's legal analysis. endstream endobj 332 0 obj <>stream 0000002798 00000 n 9. We are trial attorneys. How much time you or your attorney will have to spend researching the answer, The cost of answering the interrogatory, including photocopying and mailing expenses if the interrogatory asks for the production of documents. I, Lisa Butler, am Corporate Counsel of Smithfield Foods, Inc. Without waiving any objections, SFD will use appropriate efforts to ensure all information is provided reasonably "concerning" or "relating to" a particular topic. Dec 18, 2016. The documents containing, including, or derived from "any verbatim statement of a third party" would include all documents created by Plaintiff in the course of the investigation preceding this case that touch explicitly or implicitly on any factual matter. Fax: 713-255-4426 First, you might have legitimate grounds for objecting to a question. 4. Furthermore, Defendant has access to the addresses and/or telephone numbers of those persons listed on Plaintiff's Rule 26(a)(1) Initial Disclosures and can seek information by addressing formal or informal discovery directly from those entities. 6. 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. 0000003655 00000 n Describe any changes made in the policies, procedures or practices of any Smithfield subsidiary relating to logistics as a result of any actions by, or at the direction of, Lawrence Shipp, whose appointment as Vice President, Logistics, you announced in a press released dated January 3, 2002. Further, Republic While the discovery process can be helpful in streamlining a case and even lead to its being settled outside of court, objections during interrogatories may be appropriate at times. Call Today for a Case Review To learn more about divorce-related interrogatories, please contact dedicated Austin, Texas divorce attorney Ben Carrasco at the Law Office of Ben Carrasco, PLLC today. In this series, well examine some of the common blunders which lead to legitimate objections during the discovery process. Here is a list of some of the most common reasons: Another objection that may be used is non-responsive. As opposed to an objection based on form, this is an objection to the witness response. All documents reflecting any statement of a third party to the DOJ and signed and/or adopted, formally or informally, by those third parties. The cost varies according to when the interrogatories are filed. Depending on the type of action youve brought, you may be able to limit your answer to state whether you have any felony convictions or convictions involving moral turpitude (lying, cheating, or stealing). 0000007817 00000 n 4. Documents already produced will not be produced again. Failure to respond within 30 days can result in court sanctionshurting the attorney's reputation and bottom line. %PDF-1.4 % 0000043729 00000 n SFD objects to the Interrogatories to the extent they seek information from former directors, officers, employees, agents, partners, representatives, and attorneys of SFD. Practice Guidance: Objections to Discovery Requests Standard objections to discovery requests under the FRCP and the Cal. Therefore, SFD further objects to this interrogatory as seeking information that is irrelevant and this interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Under the Rules of the Workers Compensation, you must include objections with answers to interrogatories. 4 regarding "document" or "documents" to the extent that it purports to impose obligations greater than those set forth in the Federal Rules of Civil Procedure. B. Telephone: 713-255-4422 Defendant's document requests and interrogatory call for the production of documents and information that were produced to the Plaintiff by other entities and that may contain confidential, proprietary, or trade secret information. 0000006224 00000 n Telephone: 210-714-6999 Subject to and without waiving Permissibility of Discovery Tool INTERROGATORY #2 What is your Social Security Number or Federal Employer Identification Number? Expert witnesses include accident reconstruction experts, medical doctors (orthopedic surgeons, neurologists in head injury and TBI cases, etc. ), and life care planners. 3: Provide a summary of the expected testimony of each witness identified in response to Interrogatory No. Should I Answer the Interrogatory Even if I State an Objection? 8000 IH-10 West, Suite 600 %PDF-1.4 % The interviews were memorialized by notes and/or memoranda written by Antitrust Division attorneys and staff. Austin, TX 78746 3 to refer to "Civil Investigative Demand No. Lay witnesses include family members, friends, and eyewitnesses to the accident. 5. To the extent this request calls for notes and/or memoranda prepared by the potential testifying expert economist, Plaintiff objects to the request as premature and expressly reserves the right to supplement, clarify, revise, or correct any or all responses to the request, and to assert additional objections or privileges, in one or more subsequent supplemental response(s) in accordance with the time period for exchanging expert reports set by the Court. In Texas state court, there are three objections that can be used in depositions. Technical Correction: 1. Persons with Knowledge of Relevant Facts H|WrH}+2b^JZ0m4*@Bb$aaRy/6)|JSH;VC$r74jBX5r m.IN-n_xUu f?#JS !CA|?~azV^bme. 231 0 obj <>stream Houston, TX 77018 T+eh*NyJ]IA:6;7;vug;mVtM)o^A)*saDR`Y4rsi4-CRlj~ '! General objections are a list of objections that some defense attorneys especially insurance defense attorneys like to include with their clients answers to interrogatories. We can be reached at (512) 320-9126 or via online message. 0000015244 00000 n RESPONSES AND OBJECTIONS Interrogatory 1: Identify each Smithfield subsidiary whose products are, directly or indirectly, marketed or sold in the District of Columbia. 710 Buffalo Street, Ste. 0 This request, in essence, then, asks for the recollections of the attorneys representing the United States, or of the staff working under their direction, or for information contained in memoranda and notes prepared by those attorneys and their staff. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 200D Seeks Admission of Hearsay 0000002727 00000 n 189 43 0000004170 00000 n Therefore, to the extent an interrogatory relates to companies other than Packing, Gwaltney, Smithfield Companies and their subsidiaries or SFD, such interrogatory seeks information that is irrelevant and such interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in determining whether or not SFD is amenable to jurisdiction in this district. 2, describe the goods or services provided. P.26(c). The definition of relevance is broad and includes information that might reasonably lead to the discovery of admissible evidence. 0000001255 00000 n SFD objects to the Interrogatories to the extent they require information from companies in which SFD does not have a controlling interest. Plaintiff can only know those facts, of which it is aware, that are known to such individuals and entities. Toll-Free :800-310-9769 Main Phone Number :214-219-9900 Fax Number :214-219-9456. Fort Worth, TX 76102 On direct examination, questions are limited to those that do not lead a witness. proceeding) ("Unfortunately, . In contrast, objecting on the ground that the interrogatory is unduly burdensome may require an affidavit explaining the time and expense necessary to answer. Premature Request OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS. This document is available in three formats: this web page (for browsing content), SMITHFIELD FOODS, INC. By:_______________/s/________________, Thomas G. Slater, Jr. (D.C. Bar No. But just because the opposing party serves you with interrogatory requests doesnt mean you have to answer all the questions. This objection encompasses, but is not limited to, documents and answers to interrogatories previously produced by Defendant to Plaintiff in the course of Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth, all transcripts of depositions of employees and former employees of Defendant, all correspondence between the Plaintiff and Defendant, all other information provided by Defendant to Plaintiff, and all information produced by Plaintiff to Defendant in response to discovery requests of Defendant.

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