Resolving Discovery Disputes - It Is Too Relevant! - Comments http://www.resolvingdiscoverydisputes.com/ California Discovery Referee & Mediator en Copyright 2012 Wed, 16 May 2012 06:57:44 -0800 Wed, 16 May 2012 06:57:44 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Mike R- Your last sentence sums up the whole matter.
"If you can articulate [your reason] then you should be able to discover it."

The corollary, of course, is that if you can NOTarticulate a reason for your request (or if you refuse to do so in response to a reasonable request during, for example, the meet-and-confer) then you have no right to discover.

The other aspect that should be factored into your analysis above is proportionality. I may be able to articulate a reason for my request but if it will cost $1 million for you to comply and we're only arguing over $10,000, my request is disproportionate and will be rejected regardless of my ability to explain the reason.

]]> http://www.resolvingdiscoverydisputes.com/objections/it-is-too-relevant/#23618 http://www.resolvingdiscoverydisputes.com/objections/it-is-too-relevant/#23618 AbuseCompel Further ResponsesDepositionsInterrogatoriesMotionsMotions to CompelObjectionsRequest for AdmissionsRequest for Production of documentsSanctions Thu, 23 Sep 2010 12:10:00 -0800 Katherine Gallo Katherine Gallo Proportionality is a big factor especially with the onset of e-discovery. Though the information may be relevant the cost of retrieval may override your right to the information. At that point a responding party should be proactive and seek either a modification of the request or go to court and seek a protective order. The case on point is Mead Reinsurance Co. v. Superior Court (1986) CA3d 313.

]]> http://www.resolvingdiscoverydisputes.com/objections/it-is-too-relevant/#24376 http://www.resolvingdiscoverydisputes.com/objections/it-is-too-relevant/#24376 AbuseCompel Further ResponsesDepositionsInterrogatoriesMotionsMotions to CompelObjectionsRequest for AdmissionsRequest for Production of documentsSanctions Thu, 23 Sep 2010 12:10:00 -0800 Katherine Gallo