Beware Of Conditional Responses To Discovery

Law360, New York (April 3, 2014, 8:39 PM EDT) -- ​Conditional responses to document requests — responses that assert objections, but state that documents will be produced subject to the objections — are commonplace in civil litigation. These responses reflect the fact that certain document requests are only partially objectionable, and they permit parties to produce nonobjectionable materials while still preserving their objections. Attorneys should be aware, however, that this routine practice is coming under increased scrutiny, as some judges view such responses as invalid as a matter of law.

In the recent case of Sprint Communications Co. LP v. Comcast Cable Communications LLC, U.S. Magistrate Judge James P. O'Hara of...

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