It is widely accepted that discovery is the most expensive phase of modern business litigation. It is also true that we lawyers have no one to blame but ourselves for at least part of the discovery plight from which we suffer.
In state court personal injury actions, there are form interrogatories and document requests. In business actions, however, discovery requests are individually tailored to each case. But no matter how relevant and plainly stated an interrogatory or document request may be, it is often met with a litany of objections—commonly identified as “general objections”—on the last day of the response period. Sometimes, general objections are retaliatory—the other side “did it first”— so we respond in kind. Sometimes, they are cautionary—a catchall for whatever we don’t capture by our specific objections. Rarely, however, do the objections have any real meaning and rarely do we spend any time assessing whether asserting them is the best option. These objections are merely byproducts of the litigation cut-and-paste mentality.
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