In Discovery, Ask A Silly Question, You’ll Get A Silly Answer.

20 Tuesday May 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, E-Discovery, Federal Rules of Discovery

≈ Comments Off on In Discovery, Ask A Silly Question, You’ll Get A Silly Answer.

Tags

bowtielaw blog, Discovery, E-Discovery, E-Mail, ESI, Joshua Gilliland, Requests for Production, Text Messages

Lessons From Drafting Overly Broad Requests, by Joshua Gilliland, Esq., bowtielaw blog

Drafting discovery is an art. While painting in oils or pastels is certainly more colorful than drafting requests in Times New Roman or Ariel, both require thought. And like any masterpiece, drafting a request for production can have its challenges.

A Requesting Party demanded an opposing party produce ‘[a]ll email and text messages sent or received on Mayo email and text messaging accounts.’

The Magistrate Judge found the request to be overly broad. . . .