Whether new lawyers have tried to frustrate their adversaries by objecting that a discovery request is an impermissible “fishing expedition” or whether they are the stymied recipients of the objection, now is the time to learn just what this phrase — which lawyers throw around like a salmon at Pike Place Fish Market — really means. Grab a fishing pole as we troll the murky waters of this overused and misunderstood objection.
Under the Texas Rules of Civil Procedure, discovery requests are generally permitted if any information or document is not subject to a privilege and is relevant to a claim or defense of a party. This fairly broad scope has a limit: The person propounding the request must show a reasonable expectation that it will aid in resolution of the case; the request also must be reasonably calculated to lead to the discovery of admissible evidence.
