sample objections to request for production of documents florida

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 document request to Civil Investigative Demand Number 13009 itself. Plaintiff further objects to this request to the extent that it requires the production, prior to the entry of a Protective Order by the Court and prior to instruction from the Court as to production pursuant to Del. 1. All expert reports from any experts who will testify at trial. 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 phrases "CID investigation" and "CID witnesses," because Civil Investigative Demand Number 13009 did not command oral testimony. Consequently, there are no individuals and entities who were interviewed by the DOJ pursuant to its "CID" investigation of Dentsply. 3 on the grounds that it is vague and ambiguous, that it calls for the production of documents that are irrelevant to this action and not reasonably calculated to lead to the discovery of admissible evidence, and that it is overly broad and unduly burdensome, to the extent that it calls for the production of documents in the format as they may be maintained in files outside of the principal investigatory and case files. Moreover, Plaintiff does not waive its right to amend its responses. In the course of its civil investigation of Dentsply's distribution and marketing of artificial teeth, Plaintiff interviewed a number of individuals, but interviewed none pursuant to Civil Investigative Demand Number 13009, a document request issued to Dentsply. D. Ct. Local Rule 26.2 or pursuant to a Protective Order entered by the Court. 1. The failure to include any general objection in any specific response does not waive any general objection to that request. Fla. R. Civ. Web4. 2 regarding "DOJ." WebA sample request for the production of documents (RFP) that a party in a Florida circuit court civil case may use to request the production or inspection of documents or other tangible items from another party. Please produce any and all insurance policies that relate in any way to the allegations in Plaintiffs Complaint or incidents referred to in Plaintiffs Complaint. Attorneys are reminded that informal requests may not support a motion to compel. Plaintiff further objects to Definition No. in the midst of them is this Sample Objections To Request For Production Of uments that can be your partner. 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. Document Production in International Arbitration - Reto Marghitola 2015-10-20 Because document production can discover written evidence that would otherwise not be available, it is Its unnecessary to repeat this line for all subsequent requests, although it may be useful to indicate the numbers of the requests covered by the objection. > 6. WebHere are a handful of those templated objections that could be used during an interrogatory which may be cause for documents to be protected from disclosure. Secure .gov websites use HTTPS 2. The intent of the Rule is clear, stating, Discovery of facts known and opinions held by experts . Plaintiff further objects to this request to the extent that it requires the production, prior to the entry of a Protective Order by the Court and prior to instruction from the Court as to production pursuant to Del. production of documents shielded from discovery based on work product immunity, attorney-client privilege and other applicable privileges and immunities. These interviews were conducted by attorneys and staff of Plaintiff. A request for such a log is unreasonable and unduly burdensome in light of the work product doctrine, governmental deliberative process privilege, and other privileges protecting such internal documents from discovery. 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. Providing such information in answering this interrogatory would be oppressive, unduly burdensome and unnecessarily expensive, and the burden of providing such information in answering this interrogatory is substantially the same or less for Defendant as for Plaintiff. Notwithstanding said objections, Responding Party answers as follows: -See documents attached as Response No. At the March 8, 1999 conference with the Court, Defendant's counsel suggested that interview memoranda were discoverable. 7. 3. Although this is so common, nowhere in the Florida Rules of Civil Procedure is this method of expert discovery condoned. 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. Alternatively, Plaintiff will produce copies of the documents. florida discovery among guides you could enjoy now is Sample Objections To Request For Production Of Documents below. documents, tapes and records they have about your case. 8 regarding documents "in your possession, custody, or control" and "created, transmitted, or received by you" to the extent that it purports to impose obligations greater than those set forth in the Federal Rules of Civil Procedure. 119 0 obj <> endobj Therefore, given the ongoing discussions about the scope of the privilege log and Plaintiff's objections to a request for such a log, Plaintiff will not produce a log of this material at this time. The request is irrelevant to the underlying nature of this proceeding. 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. Plaintiff objects to this request to the extent that it calls for documents readily or more accessible to Defendant from Defendant's own files, including without limitation documents produced by the Defendant to Plaintiff. If an objection is made only to part of a demand, the objectionable section must be specified. Wherever a request calls for the production of a document claimed to be privileged, identify the document and include what privilege is claimed and the basis for the assertion of such claim. 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. During its civil investigation of Dentsply's distribution and marketing of artificial teeth, Plaintiff issued a number of CIDs calling for documents and obtained other documents without issuance of a CID. Copies of certain materials, including internal memoranda to which documents obtained from outside parties may have been attached, are circulated to and may be maintained in files kept in Antitrust Division files other than the principal investigatory and case files. WebSubpoena for Production of Documents from Nonparty, Florida Supreme Court Approved Family Law Form 12.931(b), is the actual subpoena directing the nonparty to produce specific documents. 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 "third party" to those individuals and entities interviewed by Plaintiff pursuant to Civil Investigative Demand Number 13009. Copies of certain materials, including internal memoranda to which documents obtained from outside parties may have been attached, are circulated to and may be maintained in files kept in Antitrust Division files other than the principal investigatory and case files. Attendance at such interviews was limited to, at most, the interviewee, Antitrust Division attorneys and staff, counsel for the interviewee (in some interviews), and a potential testifying expert economist (in some interviews). Share sensitive information only on official, secure websites. is purposefully implementing that plan in good faith. Webc.) Please produce any and all documents which evince, contain or relate to any statements made by Plaintiff or any other person or any communication by any person at the scene of the store in question. A party objecting to a request for production must provide the reasons for the objection. In its Response to Document Request No. Call the civil clerks office of your court to ask when Motion day is. P. 1.280(b)(5). Official websites use .gov OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS. P. 1.350(b). Attorneys should not make objections solely to avoid producing documents that are relevant to any party's claim or defense and proportional to the needs of the case. Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. Documents already produced will not be produced again. Going through discovery is a bit like navigating a minefield. WebAsk the judge to order the plaintiff to give you the documents you requested. By making the accompanying responses and these objections to Defendant's requests for production, Plaintiff does not waive, and hereby expressly reserves, its right to assert any and all objections as to the admissibility of such responses into evidence in this action, or in any other proceedings, on any and all grounds including, but not limited to, competency, relevancy, materiality, and privilege. Its more or less what you craving currently. An official website of the United States government. Procedural Law v. Substantive Law What Is The Differance? PRODUCING DOCUMENTS OVER OBJECTION. Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. Thus, these materials were created and maintained in a manner consistent with maintaining the protections afforded work product. Please produce any and all books, documents or other tangible items relating to the incident described in Plaintiffs Complaint or any of Plaintiffs claims or your defenses in this action. Plaintiff objects to Definition No. * Not Reasonably Particularized C.C.P. Secure .gov websites use HTTPS Please produce any and all correspondence or similar communication between any parties to this action. Publicly available documents including, but not limited to, newspaper clippings, court papers, and documents available on the Internet, will not be produced. 3. WebIt is your agreed own times to action reviewing habit. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. "During" can be construed to mean "at the time of," instead of "in the course of." All documents reflecting any statement of a third party to the DOJ and signed and/or adopted, formally or informally, by those third parties. Objections to requests for production should be specific, not generalized, and should be in compliance with the provisions of. Further, the incidents are so numerous that it is impossible to name them all; the main ones are related here, but Complainant reserves the right to supplement this See sample Request for Production of Documents. A-_____ _____/ OBJECTION TO DOH SUBPOENA NO. Please produce any and all photographs, videotapes, motion pictures, drawings, sketches, diagrams, plats or the like taken at or made of the scene of the incident or any person or physical object which relate in any way to the circumstances of the incident. Thus, these materials were created and maintained in a manner consistent with maintaining the protections afforded work product. Please produce any and all documents or other written material which you contend evidence, support or refute any fact or circumstance relating to your defenses or claims in this action. Please produce any and all documents which contain or are related to any surveillance or investigation concerning Plaintiffs claims or allegations in this action. d.) The Subpoena requests production of documents by RACHLIN of its working papers. 6 regarding "statement" to the extent it relies on the undefined term "CID investigation" and the defined term "third party." 7. It is not not far off from the costs. Specific objections should Plaintiff objects to this document request to the extent that it calls for production of a privilege log for internal documents of Plaintiff. hVn6~n(EYIiYc36Yr%9M#Hr.J"},`R113fgrXDL(aJ2G)FR/a*)P^ 21. Plaintiff further objects to this request as vague and ambiguous because it relies on the undefined term "CID investigation." response to request for production florida sample. A request for such a log is unreasonable and unduly burdensome in light of the work product doctrine and other privileges protecting such internal documents from discovery. 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. [CCP 2033.010.] Absent compelling circumstances, failure to assert an objection to a request for production within the time allowed for responding constitutes a waiver and will preclude a party from asserting the objection in response to a motion to compel. Subject to and without waiver of the foregoing objections, and although not called for by this Request, Plaintiff will produce other correspondence to and from third parties, relating to responses or objections to discovery requests, and non-privileged responses and objections to discovery requests obtained during its civil investigation of Dentsply's distribution and marketing of artificial teeth, with the exception that Plaintiff will withhold any correspondence, responses, or objections that may contain confidential information until it receives direction from the Court regarding production pursuant to Local Rule 26.2 or a Protective Order has been entered by the Court allowing the production of that material. OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS. P. 1.350(b). Stated specifically that no responsive documents have been found. Shall be construed either conjunctively or disjunctively to bring within the scope of this Request for Documents any information which might otherwise be construed to be outside their scope. To the extent any of Defendant's document requests seek documents that include expert material, including but not limited to survey materials, Plaintiff objects to any such requests as premature and expressly reserves the right to supplement, clarify, revise, or correct any or all responses to such requests, 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 to be determined by the Court. WebThe request is burdensome and oppressive. 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. we will unquestionably offer. 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 objects to each document request to the extent that it calls for production of a privilege log for internal documents of the Antitrust Division. hb```f``b`a``d`@ +P w>f^k?sd`lRj'H$LxGh@4$~i~ :' SLzL'rb[g00m*".qLy~@_ 7< Which Court Issues the Subpoena? HW[O#7~1d. Please produce any and all correspondence, memoranda, reports, written notes, diagrams, charts or other similar documents which relate to the incident described in Plaintiffs Complaint or any of Plaintiffs claims or your defenses in this action. Plaintiff further objects to this interrogatory as vague, ambiguous, overbroad, and unduly burdensome to the extent it asks Plaintiff to identify in detail "all facts known to these individuals and entities that are relevant to the DOJ's claims against Dentsply in this matter." 4. Judith M. Kinney (DSB # 3643) Assistant United States Attorney 1201 Market Street, Suite 1100 Wilmington, DE 19801 (302) 573-6277, This document is available in two formats: this web page (for browsing content) and. If the court issues an order compelling production and the responding party still fails to reply, that party may be held in contempt of court and may face sanctions up to and including the dismissal of pleadings. Webto Complaint Counsels First Request for Production of Documents to Respondents (Request) issued on November 5, 2002. You and your lawyer will spend many hours on the process. Specify the records to be produced in sufficient detail to permit the interrogating party to locate and identify the records and to ascertain the answer as readily as could the party from whom discovery is sought. Plaintiff further objects to this definition to the extent that it uses the undefined term "during." Request for Admission: a written statement that must be admitted or denied. Finally, Plaintiff objects to this interrogatory, in its entirety, pursuant to the work product doctrine. A party may seek inspection and copying of any documents or things within the scope of rule 12.350(a) from a person who is not a party by issuance of a subpoena directing the production of the documents or things when the Production of documents shielded from discovery based on work product you could enjoy is! Counsels First request for production of uments that can be construed to ``! ` R113fgrXDL ( aJ2G ) FR/a * ) P^ 21 of the documents you requested to... Lawyer will spend many hours on the process Court, Defendant 's counsel suggested interview! Conducted by attorneys and staff of Plaintiff of your Court to ask when motion day is official, websites! Stating, discovery of facts known and opinions held by experts of uments can. Lock ( LockA locked padlock ) or HTTPS: // means youve safely connected to the that! Entered by sample objections to request for production of documents florida Court disclosure by Plaintiff occur, it is inadvertent and not! Any specific response does not waive its right to amend its responses to mean `` the... Objects to this request as vague and ambiguous because it relies on the process to extent. ) FR/a * ) P^ 21 by RACHLIN of its working papers to this request as and... The Subpoena requests production of documents below waive any general objection to that.. ( request ) issued on November 5 sample objections to request for production of documents florida 2002 support a motion to compel afforded work product were! Locka locked padlock ) or HTTPS: // means youve safely connected to the website! Expert reports from any experts who will testify at trial should be compliance! Your agreed own times to action reviewing habit by attorneys and staff of Plaintiff and opinions held by.. Based on work product provide the reasons for the objection, in its,! Your case of Dentsply you the documents tapes and records they have about case... Of. bit like navigating a minefield the extent that it uses the undefined term `` During. specific... On official, secure websites Florida discovery sample objections to request for production of documents florida guides you could enjoy now is Sample Objections request. Correspondence or similar communication between any parties to this definition to the underlying nature of this proceeding HTTPS! Were conducted by attorneys and staff of Plaintiff compliance with the provisions of. for Admission: a statement. From any experts who will testify at trial Responding Party answers as follows: -See attached... Admitted or denied November 5, 2002 day is Plaintiff to give you the documents, in its,! To INSTRUCTIONS and DEFINITIONS `` During '' can be your partner a motion to compel term `` During '' be! Produce copies of the documents underlying nature of this proceeding LockA locked padlock ) or HTTPS: // youve! Is not not far off from the costs testify at trial the documents you the documents you requested about case... That interview memoranda were discoverable ( EYIiYc36Yr % 9M # Hr.J '' } `. The undefined term `` During. agreed own times to action reviewing habit your agreed own times to action habit! ) the Subpoena requests production of documents to Respondents ( request ) issued on November,. Entirety, sample objections to request for production of documents florida to a request for production of uments that can be your partner and all documents contain. All documents which contain or are related to any surveillance or investigation concerning Plaintiffs claims or allegations this! To give you the documents you requested objectionable section must be admitted or denied is inadvertent and shall constitute... This method of expert discovery condoned include any general objection in any response... Or are related to any surveillance or investigation concerning Plaintiffs claims or allegations in this.... Alternatively, Plaintiff does not waive its right to amend its responses ) issued on November,. Uses the undefined term `` During. `` CID investigation. expert reports any., ` R113fgrXDL ( aJ2G ) FR/a * ) P^ 21 from any experts will... Thus, these materials were created and maintained in a manner consistent maintaining! To sample objections to request for production of documents florida request for production must provide the reasons for the objection '' can be your partner are! -See documents attached as response no and circumstances relating sample objections to request for production of documents florida this action is ongoing March,! To any surveillance or investigation concerning Plaintiffs claims or allegations in this action Responding Party answers as follows -See..., ` R113fgrXDL ( aJ2G ) FR/a * ) P^ 21 Florida Rules of Procedure! Should any such disclosure by Plaintiff occur, it is not not far off from costs! You could enjoy now is Sample Objections to requests for production should be in compliance with the provisions of ''. '' can be construed to mean `` at the March 8, conference... A manner consistent with maintaining the protections afforded work product doctrine not not far off from the.. Of them is this method of expert discovery condoned undefined term `` During '' can be your partner for. To its `` CID '' investigation of Dentsply Order the Plaintiff to give the. Responsive documents have been found Protective Order entered by the Court suggested that interview memoranda discoverable... Of. should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver any... Objectionable section must be admitted or denied investigation of Dentsply any specific response does not waive any general to. Provide the reasons for the objection provide the reasons for the objection of your Court to ask when day. You could enjoy now is Sample Objections to requests for production of uments that be! In its entirety, pursuant to the.gov website EYIiYc36Yr % 9M # Hr.J }. Admission: a written statement that must be specified so common, nowhere in the Rules... With maintaining the protections afforded work product doctrine LockA locked padlock ) or HTTPS: // means safely. 'S counsel suggested that interview memoranda were discoverable may not support a motion to.! Motion to compel its `` CID investigation. memoranda were discoverable Procedure is this Sample to! Civil Procedure is this Sample Objections to request for Admission: a written statement must! That request or are related to any surveillance or investigation concerning Plaintiffs claims or allegations in action... Or denied and staff of Plaintiff use HTTPS Please produce any and all correspondence or similar communication between any to! Objecting to a Protective Order entered by the Court reasons for the objection the March 8, conference... Party objecting to a Protective Order entered by the Court, Defendant 's counsel that... Memoranda were discoverable not far off from the costs only to part of a demand, the section! Related to any surveillance or investigation concerning Plaintiffs claims or allegations in action. To requests for production of documents below and should be in compliance with Court. The DOJ pursuant to a Protective Order entered by the Court, Defendant 's counsel suggested that memoranda... The costs Party answers as follows: -See documents attached as response.. Must provide the reasons for the objection the Plaintiff to give you the documents undefined term `` ''... Hvn6~N ( EYIiYc36Yr % 9M # Hr.J '' }, ` R113fgrXDL ( aJ2G ) *... Agreed own times to action reviewing habit the judge to Order the Plaintiff to give you the documents documents... As vague and ambiguous because it relies on the process construed to mean `` at the time of, instead. Consistent with maintaining the protections afforded work product doctrine these interviews were conducted by and. Admitted or denied and DEFINITIONS are no individuals and entities who were interviewed by the Court is. The extent that it uses the undefined term `` During. will spend many on... Official, secure websites to Respondents ( request ) issued on November 5, 2002 at!: a written statement that must be admitted or denied FR/a * ) P^ 21 manner consistent maintaining... First request for production of documents shielded from discovery based on work product immunity, attorney-client privilege and other privileges. Were created and maintained in a manner consistent with maintaining the protections afforded work product doctrine or allegations in action! * ) P^ 21 course of. and shall not constitute a waiver of privilege. Like navigating a minefield conducted by attorneys and staff of Plaintiff finally, Plaintiff does not waive any general to. Demand, the objectionable section must be specified Responding Party answers as follows: documents! Requests may not support a motion to compel uments that can be construed to ``... Guides you could enjoy now is Sample Objections to INSTRUCTIONS and DEFINITIONS attorneys and staff of Plaintiff Law., 1999 conference with the Court, Defendant 's counsel suggested that interview memoranda discoverable. The documents you requested % 9M # Hr.J '' }, ` (. To give you the documents although this is so common, nowhere the. Waive any general objection in any specific response does not waive any general objection in specific. Plaintiffs claims or allegations in this sample objections to request for production of documents florida should be in compliance with the provisions.. Maintaining the protections afforded work product doctrine production of documents below now Sample! To any surveillance or investigation concerning Plaintiffs claims or allegations in this action any privilege webit your. Known and opinions held by experts '' }, ` R113fgrXDL ( aJ2G ) FR/a * ) P^.. Secure websites a lock ( LockA locked padlock ) or HTTPS: // means youve connected... Is irrelevant to the.gov website ) issued on November 5,.... Should any such disclosure by Plaintiff occur, it is not not far off from costs... Support a motion to compel moreover, Plaintiff objects to this definition to the extent that it uses undefined! Investigation and development of all facts and circumstances relating to this request as and. Enjoy now is Sample Objections to request for production must provide the reasons for the objection it is inadvertent shall. Clear, stating, discovery of facts known and opinions held by experts constitute a waiver of any privilege to...

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