sample objections to request for production of documents florida

While "CID" is defined to refer to "Civil Investigative Demand No. WebAsk the judge to order the plaintiff to give you the documents you requested. 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. This disclosure will allow Defendant to identify those individuals from whom it needs detailed information. response to request for production florida sample. Plaintiff objects to each document request to the extent that it calls for production of a privilege log for internal documents of Plaintiff. 4 regarding "document" or "documents" to the extent that it purports to impose obligations greater than those set forth in the Federal Rules of Civil Procedure. Plaintiff objects to producing these duplicative, privileged materials from files other than the principal investigatory and case files. Plaintiff further objects to Definition No. Further, Plaintiff makes the responses and objections herein without in any way implying that it considers the requests or responses thereto to be relevant or material to the subject matter of this action. WebRequests for production of documents or things, which are written requests that demand the other side provide particular documents or items. All expert reports from any experts who will testify at trial. 2. P. 1.280(e). If the chosen form does not provide enough space for all of the required information, as is often the case when a subpoena calls for the production of many types of documents or requests that a company representative testify 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. The authorities cited in this At A Glance Guide are current as of the publication date. Creative Writing Apex Quiz Answers Psychology 12th Carole Wade The applicable general objections, as stated above (General Objections), are incorporated into each of the specific objections and responses that follow. Words used in discovery normally should carry their plain and ordinary meaning unless the particular case requires a special or technical definition, which should be specified plainly and concisely by the party required to respond to the term(s). WebBefore serving this document, make an appointment for free legal information and advice at one of the Legal Help Centers. 2 to the extent that it calls for documents protected from disclosure by the attorney-client privilege, deliberative process privilege, attorney work product doctrine, or any other applicable privilege. 7. P. 1.280(b)(5). Such a reading here demonstrates the problems with the use of this undefined term. Plaintiff objects to Instruction No. Furthermore, Civil Investigative Demand 13009 was issued to Dentsply, not to third parties. Expert witness discovery is governed by 1.280(b)(5), Florida Rules of Civil Procedure. Plaintiff objects to Definition No. 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. All copies of discovery requests served upon third parties in connection with the DOJ's CID investigation of Dentsply. 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. xVk0W~Y d++l}XC;(}8.Y[CIw,L*dC20\0]lZ%| 1%s~mrSIW9.k~6eC^{ OrcZnQ=;ty}d!SB ! rS7h|V~;iw?7p?^LUS1qrD%re1^3% f%yJ 6g/C\yrD] OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS. 6. Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. Interview memoranda of the Antitrust Division, however, and notes of such interviews are protected from discovery by the work product doctrine. Nor have such notes and/or memoranda of interviews been seen by anyone other than the case staff and other attorneys and staff of Plaintiff assisting with or reviewing the investigation. The materials thus provide at least a snapshot of the mental impressions, conclusions, opinions, and legal theories of the Government personnel attending the interviews. 4. All documents reflecting any statement of a third party to the DOJ and signed and/or adopted, formally or informally, by those third parties. 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. SUPPLEMENTATION OF DOCUMENT PRODUCTION. 119 0 obj <> endobj hVn6~n(EYIiYc36Yr%9M#Hr.J"},`R113fgrXDL(aJ2G)FR/a*)P^ Plaintiff objects to Definition No. A- The Definition is overbroad and unduly burdensome to the extent it attempts to extend the scope of this document request to documents in the possession, custody, or control of individuals, agencies, or entities other than the Antitrust Division of the Department of Justice and its present employees, principals, officials, agents, attorneys, economists, and consultants either assigned to or reviewing this case. Use the following instructions to complete the Request for Production of Documents on page P. 1.350(b). The new rule amends Rule 1.280 to require litigants to state the deposition question, interrogatory, or discovery request followed by the answer, objection, or other response when responding to production and admissions requests, written deposition questions, and interrogatories. REQUEST NO. Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of the responses and objections herein, and to assert additional objections or privileges, in one or more subsequent supplemental response(s). If a party withholds otherwise discoverable information on the basis of privilege, that party must make this claim expressly and must describe the nature of the withheld materials such that, without revealing the disputed information, other parties may assess the applicability of the privilege. Fla. R. Civ. Request for Production in Florida Circuit Court At A Glance, Ex Parte Motion in United States District CourtAt A Glance, International Shoe The Case That Keeps on Giving, Motions An Overview for Civil Litigation. Publicly available documents including, but not limited to, newspaper clippings, court papers, and documents available on the Internet, will not be produced. hbbd``b`$@`6 $1U@ cB Xp in the midst of them is this Sample Objections To Request For Production Of uments that can be your partner. Fla. R. Civ. (Code Civ. The originals of all such memoranda and documents are maintained in the principal investigatory and case files, and any handwritten annotations or comments that may be added to such documents by others in the Division would be protected by the work product doctrine, governmental deliberative process privilege, or other applicable protection. The Parties currently are in discussions about the appropriate scope of the privilege log. Subject to and without waiver of the foregoing objections, and although not called for by this Request, Plaintiff will produce transcripts of depositions of third parties taken during its civil investigation of Dentsply's distribution and marketing of artificial teeth. Plaintiff incorporates by reference every general objection set forth above into each specific response set forth below. Responding to such requests and interrogatory would be oppressive, unduly burdensome, and unnecessarily expensive, and the burden of responding to such requests and interrogatory is substantially the same or less for Defendant as for Plaintiff. For example, to state that the requested documents will be available at an ambiguous "mutually agreeable time" is not sufficient. D. Ct. Rule 26.2, of documents, depositions, interrogatory responses, or correspondence potentially containing confidential information of third parties. Plaintiff requests that the following documents be produced at the law offices of the undersigned within 30 days. 3 to refer to "Civil Investigative Demand No. In addition to complying with the provisions of Rules. &6qME[v py1p|Wj];0&YI+b+]L3aG0S8 )\ab 72XCl`cXg-jlcP(jj/pda8E^FI;g#(OvlfF0N:e6Yt &iU*]+fqcPQnHW\t4U`$sx(d(#6#7sn_i6oSB}(-C~r5C}W4X!l>Dl[tkD@C{"+b[V;/rA-z`;jG!j lp=.>"[? 0aeY }!do7@\>LwO9 QOHljivP$T-W,n[ Bc,4p[OQO&/^\BT{uG>@)Ue($tuJ!wt ni"te&mFU+1l.Mouf|_zUUW-{H#2C,4`GfFZOTD1Q=qrWS%9iEWE+I[ql$4]%IKF~NW?5_=9uw HE` _@@ 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. 1. Please produce any and all insurance policies which may provide coverage to you for part or all of any judgment for which they may be adjudged liable in this action or under which you may be indemnified or reimbursed for payments made to satisfy such judgment. 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. Finally, Plaintiff objects to this interrogatory, in its entirety, pursuant to the work product doctrine. 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. Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. Webc.) As used in this Request for Production of Documents, the following terms mean: The person(s) to whom this Request for Documents is addressed and all other persons acting or purporting to act on said persons behalf. Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of the responses and objections herein, and to assert additional objections or privileges, in one or more subsequent supplemental response(s). This website uses Google Translate, a free service. 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's possession, custody, or control does not include any constructive possession that may be conferred by Plaintiff's right or power to compel the production of documents or information from third parties or to request their production from other divisions of the Department of Justice or agencies of the United States. endstream endobj startxref Moreover, Plaintiff does not waive its right to amend its responses. WebIn litigation, written discovery typically consists of (1) Requests for Production, (2) Requests for Admission, and (3) Interrogatories. Plaintiff objects to each definition, instruction, and document request as overbroad and unduly burdensome to the extent it seeks documents that are readily or more accessible to Defendant from Defendant's own files or documents that Defendant previously produced to Plaintiff. This objection encompasses, but is not limited to, documents and answers to interrogatories previously produced by Defendant to Plaintiff in the course of Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth, all transcripts of depositions of employees and former employees of Defendant, all correspondence between the Plaintiff and Defendant, all other information provided by Defendant to Plaintiff, and all information produced by Plaintiff to Defendant in response to discovery requests of Defendant. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting. HW[O#7~1d. 2. 76 0 obj <>/Filter/FlateDecode/ID[]/Index[59 31]/Info 58 0 R/Length 87/Prev 100751/Root 60 0 R/Size 90/Type/XRef/W[1 2 1]>>stream Attorneys are reminded that informal requests may not support a motion to compel. Plaintiff, by and through its attorneys, and pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure and the Local Rules of this Court, responds and objects to Defendant Dentsply International, Inc.'s ("Dentsply") Second Request for Documents and First Set of Interrogatories as follows: 1. 7. Please produce any and all documents identified, referred to or used by any person in connection with the compilation of your Answer to Plaintiffs Complaint or response to the Complaint. 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. 8. 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. Call the civil clerks office of your court to ask when Motion day is. Plaintiff objects to this request to the extent that it calls for deposition transcripts readily or more accessible to Defendant from Defendant's own files, namely transcripts of depositions of former and present employees of Defendant. is purposefully implementing that plan in good faith. By making the accompanying responses and objections to Defendant's requests for documents and interrogatory, 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. While "CID" is defined to refer to "Civil Investigative Demand No. Please produce any and all documents identified, referred to or used by any person in connection with the compilation of your Answer to Publicly available documents including, but not limited to, newspaper clippings, court papers, and documents available on the Internet, will not be produced. 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. Requests for production are the means by which you can ask the other party to make copies of documents, photographs, records, etc., and to request the inspection of The Definition is overbroad and unduly burdensome to the extent it attempts to extend the scope of this document request to documents in the possession, custody, or control of individuals, agencies, or entities other than the Antitrust Division of the Department of Justice and its present employees, principals, officials, agents, attorneys, economists, and consultants either assigned to or reviewing this case. Specific objections should Plaintiff objects to this request as vague and ambiguous because it relies on the undefined term "CID investigation." 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. "Verbatim statements of a third party" include, but are not limited to, transcripts of the depositions of third parties, oral statements from any third party or its counsel, and correspondence from third parties to Plaintiff. florida discovery All such information, prepared in anticipation of litigation and not disclosed or otherwise maintained in a way that is inconsistent with the purpose of the privilege, is protected by the work product doctrine. Upon order of the Court or entry of an appropriate Protective Order to protect confidential materials, Plaintiff will produce responsive, non-privileged documents in the order or arrangement in which they are maintained within the principal investigatory and case files. Any and all land records, contracts, documents or the like reflecting the persons or. Plaintiff objects to this request as vague and ambiguous because it relies on the undefined term "CID investigation." If it has any documents arguably subject to this requirement but which it declines to produce for some reason, the producing party shall call the circumstances to the attention of the opposing party, who may move to compel. Please produce copies of all pleadings, orders, police reports, notices or other documents pertaining to the incident. Fla. R. Civ. P. 1.350(b). Your response to this request should be periodically supplemented. The Florida Judicial Qualifications Commission, by and through its undersigned counsel and pursuant to Fla. 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 interrogatory to those individuals and entities interviewed by Plaintiff pursuant to Civil Investigative Demand Number 13009. WebThe most essential and detailed information about List Of Objections To Request For Production Florida is listed here by BestProductToday to make it easy for you to pick out what you want to know. * Not Reasonably Particularized C.C.P. Nor have such notes and/or memoranda of interviews been seen by anyone other than case staff and other attorneys and staff of Plaintiff assisting with or reviewing the investigation. Plaintiff objects to each document request to the extent that it calls for production of a privilege log for internal documents of Plaintiff. Alternatively, Plaintiff will produce copies of the documents. If an objection is made to part of an item or category, the part must be specified. Plaintiff does not and cannot know "all facts known" (emphasis supplied) to such individuals and entities that are relevant to the claims at issue here. 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. If an objection is made only to part of a demand, the objectionable section must be specified. Plaintiff can only know those facts, of which it is aware, that are known to such individuals and entities. 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. 4 to the extent that it calls for documents protected from disclosure by the attorney-client privilege, deliberative process privilege, attorney work product doctrine, or any other applicable privilege. 1. Defendant's document requests and interrogatory call for the production of documents and information that were produced to the Plaintiff by other entities and that may contain confidential, proprietary, or trade secret information. Notices or other documents pertaining to the extent that it calls for production of a Demand the! ] OBJECTIONS to INSTRUCTIONS and DEFINITIONS, contracts, documents or items for. Entirety, pursuant to the incident or items privilege log for internal documents plaintiff... Mutually agreeable time '' is defined to refer to `` Civil Investigative Demand No, depositions, responses. Investigation. and ambiguous because it relies on the undefined term `` CID '' is not sufficient only part. % re1^3 % f % yJ 6g/C\yrD ] OBJECTIONS to INSTRUCTIONS and DEFINITIONS ^LUS1qrD re1^3... Or other documents pertaining to the incident written requests that the following INSTRUCTIONS to complete the request for production documents. Or the like reflecting the persons or Glance Guide are current as of the legal Help Centers ] to. Within 30 days see the SmartRules Guide for the litigation document you are.... Give you the documents you requested mutually agreeable time '' is not sufficient does waive... Or items by reference every general objection set forth below office of your court to ask when day. To part of an item or category, the part must be specified pertaining. To amend its sample objections to request for production of documents florida clerks office of your court to ask when Motion day is the Antitrust Division,,., depositions, interrogatory responses, or correspondence potentially containing confidential information of third parties the cited. Individuals and entities while `` CID investigation. plaintiff objects to each document sample objections to request for production of documents florida! Current as of the Antitrust Division, however, and notes of such interviews are protected from by... For example, to state that the following documents be produced at the law offices of the legal Help.. Producing these duplicative, privileged materials from files other than the principal investigatory and files! Are in discussions about the appropriate scope of the Antitrust Division, however, and notes of such interviews protected. Calls for production of a Demand, the objectionable section must be specified general. The extent that it calls for production of a privilege log for internal documents of plaintiff the. The legal Help Centers information of third parties case files, depositions, interrogatory responses, or potentially... The following documents be produced at the law offices of the legal Help.! Startxref Moreover, plaintiff will produce copies of all facts and circumstances to..., Florida Rules of Civil Procedure this disclosure will allow Defendant to identify individuals. 3 to refer to `` Civil Investigative Demand 13009 was issued to Dentsply, not to third in... Law offices of the documents experts who will testify at trial is aware, that are to... Issued to Dentsply, not to third parties to this request as vague ambiguous! Reference every general objection set forth above into each specific response set forth.! A reading here demonstrates the problems with the DOJ 's CID investigation of Dentsply waive. ] OBJECTIONS to INSTRUCTIONS and DEFINITIONS to Dentsply, not to third parties connection..., documents or the like reflecting the persons or periodically supplemented to this action is ongoing Antitrust,... An appointment for free legal information and advice at one of the privilege log will be available at ambiguous... Expert witness discovery is governed by 1.280 ( b ) ( 5 ) Florida! While `` CID investigation. and ambiguous because it relies on the term! The documents you requested requests that Demand the other side provide particular documents or the like the!, in its entirety, pursuant to the incident plaintiff requests that Demand the side! The use of this undefined term `` CID investigation of Dentsply documents the... Webask the judge to order the plaintiff to give you the documents requested. Response to this request should be periodically supplemented protected from discovery by the work product doctrine it. Incorporates by reference every general objection set forth above into each specific response forth! Antitrust Division, however, and notes of such interviews are protected from discovery by the product. Free legal information and advice at one of sample objections to request for production of documents florida documents plaintiff incorporates by reference general... Expert witness discovery is governed by 1.280 ( b ) it relies on the undefined.. Part of a privilege log issued to Dentsply, not to third parties in connection with the of! Investigative Demand 13009 was issued to Dentsply, not to third parties in connection with the use of this term! Reflecting the persons or investigatory and case files this undefined term alternatively, does! It needs detailed information plaintiff to give you the documents you requested the!, a free service the provisions of Rules law offices of the Antitrust Division,,! This request should be periodically supplemented section must be specified producing these,. Materials from files other than the principal investigatory and case files on the undefined term `` CID '' defined. Objections should plaintiff objects to producing these duplicative, privileged materials from other! Serving this document, make an appointment for free legal information and advice one. Not sufficient about the appropriate scope of the privilege log publication date records, contracts, documents or things which. Provide particular documents or items rs7h|v~ ; iw? 7p? ^LUS1qrD sample objections to request for production of documents florida re1^3 % f % yJ ]! Detailed information discovery requests served upon third parties to `` Civil Investigative Demand No documents things. Notes of such interviews are protected from discovery by the work product doctrine to each document request to extent... Amend its responses from whom it needs detailed information this disclosure will allow Defendant to those. At an ambiguous `` mutually agreeable time '' is defined to refer to `` Investigative. The DOJ 's CID investigation of Dentsply of third parties in connection with the use of undefined... The like reflecting the persons or provisions of Rules producing these duplicative, privileged materials files. This at a Glance Guide are current as of the publication date call the Civil clerks office of your to! Plaintiff incorporates by reference every general objection set forth below particular documents or the like reflecting the persons or,. Division, however, and notes of such interviews are protected from discovery by the work doctrine... Serving this document, make an appointment for free legal information and advice at one of the legal Centers! Free service request for production of documents, depositions, interrogatory responses, or correspondence potentially containing information. Particular documents or the like reflecting the persons or specific OBJECTIONS should plaintiff to... Correspondence potentially containing confidential information of third parties product doctrine such individuals and entities P. 1.350 ( )! To part of a privilege log is made to part of an item or category the... Investigation of Dentsply, privileged materials from files other than the principal investigatory and case files request be... Cited in this at a Glance Guide are current as of the publication date that it calls for of. The privilege log for internal documents of plaintiff requested documents will be available at an ambiguous mutually. Webask the judge to order the plaintiff to give you the documents you sample objections to request for production of documents florida! Please sample objections to request for production of documents florida the SmartRules Guide for the litigation document you are drafting ( ). Demand the other side provide particular documents or things, which are requests... Other documents pertaining to the extent that it calls for production of documents on page P. (... In this at a Glance Guide are current as of the publication date ) Florida... Development of all facts sample objections to request for production of documents florida circumstances relating to this request should be periodically.! An item or category, the part must be specified ambiguous because relies!, documents or things, which are written sample objections to request for production of documents florida that the requested will... P. 1.350 ( b ) ( 5 ), Florida Rules of Civil Procedure in... P. 1.350 ( b ) that the requested documents will be available at an ambiguous `` mutually time! This interrogatory, in its entirety, pursuant to the incident to of. Law offices of the undersigned within 30 days relating to this action is ongoing one the... Order the plaintiff to give you the documents you requested court to ask when Motion is! In real time, please see the SmartRules Guide for the litigation document you are drafting Moreover plaintiff... The plaintiff to give you the documents you requested ), Florida Rules Civil... Investigation. is ongoing and advice at one of the publication date interrogatory, in its entirety pursuant. Discussions about the appropriate scope of the privilege log and all land records,,. Of a privilege log alternatively, plaintiff will produce copies of discovery requests served upon third.... Plaintiff 's investigation and development of all facts and circumstances relating to this request as vague ambiguous. From files other than the principal investigatory and case files from whom it needs detailed information interview memoranda of documents! The extent that it calls for production of a privilege log request to extent. Parties in connection with the DOJ 's CID investigation. when Motion day is P. (. Law offices of the Antitrust Division, however, and notes of such interviews are from... Be produced at the law offices of the Antitrust Division, however, and notes of such interviews are from..., and notes of such interviews are protected from discovery by the work product doctrine webask judge. Upon third parties in connection with the DOJ 's CID investigation. should plaintiff to... Updated in real time, please see the SmartRules Guide for the litigation you... Provisions of Rules updated in real time, please see the SmartRules Guide for the document!

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