Thursday, August 11, 2016

Fed.R. Civ. Pro. 33 and 34: Are Objections to Discovery Waived If the Discovery Responses Are Served Late?


Yes. If you serve discovery late, you have waived objections,  potentially even objections at to privilege and work product. 

“[O]bjections to [written discovery] must be stated with particularity in a timely answer, and that a failure to do so may constitute a waiver of grounds not properly raised, including privilege or work product immunity, unless the court excuses this failure for good cause shown”

Precision Fabrics Group, Inc. v. Tietex Int'l, Ltd., 2015 U.S. Dist. LEXIS 104382, *9 (M.D.N.C. Aug. 10, 2015)(citations omitted)(emphasis in original) see also 
Hall v. Sullivan, 231 F.R.D. 468, 474 (D. Md. 2005) ("[I]mplicit within Rule 34 is the requirement that objections to document production requests must be stated with particularity in a timely answer, and that a failure to do so may constitute a waiver of grounds not properly raised, including privilege or work product immunity, unless the court excuses this failure for good cause shown." (emphasis added)); Phillips v. Dallas Carriers Corp., 133 F.R.D. 475, 477 (M.D.N.C. 1990) (Sharp, M.J.) ("It is well settled that the failure to make a timely objection in response to a Rule 34 request results in waiver."). 




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