Responding To Semi-Objectionable Discovery

Law360, New York (August 3, 2009, 12:03 PM EDT) -- In responding to discovery requests, many attorneys assert a host of applicable objections and then answer all or part of the discovery request. That answer is almost always prefaced with words such as, “Subject to and without waiving these objections,” or some variation on that theme.

Although this is a standard practice in many — if not most — jurisdictions, some federal courts have frowned on this approach to discovery, finding it confusing and noting that it is often difficult to tell what has been produced...
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