Document Request Responses Under FRCP 34: Novel Approaches to Discovery Challenges; Impact of Timing and Resources
Impermissible Boilerplate, Vague Objections, Outdated Templates, Relevancy, Proportionality, and Discovery on Discovery
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore the challenges in responding to document requests--particularly broad requests--under FRCP 26 and 34 and propose solutions to several perennial discovery problems, including overbroad requests, privilege, and novel ways to restrict responses. The panel will also raise questions on the impact of timing and resources in light of continued remote working.
Outline
- Refresher on FRCP 26 and 34
- Caselaw update
- How are practitioners and the courts responding to these changes?
- Legislative responses. See, e.g., California Code of Civil Procedure Section 2031.280(a)
- Challenges when drafting and responding to requests for production
- Requests that lack "reasonable particularity"
- Objecting to requests for production
- Avoiding boilerplate objections and objecting with "specificity"
- Identifying what is being produced vs. what is being withheld
- Determining a time for production
- Privilege considerations
- Practical tips
Benefits
The panel will review these and other essential matters:
- Legislative responses, including California Code of Civil Procedure Section 2031.280(a)
- Drafting requests with "reasonable particularity"
- How to draft an objection "with specificity" and avoid boilerplate objections
- Identifying what is being produced vs. what is being withheld
- Determining a time for production
- Identifying a privilege log format
Faculty
Curtis D. Heckman
Attorney
Orrick Herrington & Sutcliffe
Mr. Heckman assists and serves as project manager for case teams and clients with all phases of discovery, including... | Read More
Mr. Heckman assists and serves as project manager for case teams and clients with all phases of discovery, including discovery requests, preservation, collection, review, discovery depositions, and motions practice. He has been seconded for long-term eDiscovery engagements at national and international clients to work directly with internal client IT teams and outside counsel on discovery issues. Mr. Heckman has extensive experience with preserving and collecting structured data from client cloud and on-premise applications, including meeting and conferring with opposing parties on structured data concerns.
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Erin C. Tison
Attorney
Orrick Herrington & Sutcliffe
Ms. Tison has experience with all aspects of litigation, from filing the complaint up to serving as first chair at... | Read More
Ms. Tison has experience with all aspects of litigation, from filing the complaint up to serving as first chair at trial and everything in between. In addition to trial work, she has substantial experience taking and defending both fact and expert depositions, drafting and arguing complex dispositive briefing, managing the preservation, collection, analysis, and production of paper and electronic documents, conducting custodian interviews, and briefing complex and technical discovery and privilege issues. Recently, Ms. Tison served an extended secondment with The Dow Chemical Company as a case Manager in Dow's Asbestos, Products Liability & Insurance Litigation Group. In this capacity, she managed the asbestos and premises litigation dockets for Union Carbide and Dow throughout the western and northeastern United States. This involved overseeing hundreds of ongoing product liability cases, including advising the litigation management team on case evaluation, resolution, and business strategies, as well as directing outside counsel and trial counsel teams.
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