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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29272
Experience:  29 years in civil, probate, real estate, elder law
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Objections to discovery: misleading and overbroad are implying

Customer Question

Objections to discovery: misleading and overbroad are implying what as far as interrogatories and admissions?
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

Here you may make objections such as these to discovery requests/You can object to the form of the question and the scope of the question--overbroad or not relevant or calculated to lead to relevant information.Here is a good sample response you can use and language for yours..

RayAnswers :

Great checklist here go down mid page to see list of objections.

RayAnswers :

As the samples indicate you may have general objections say the questions are misleading or over broad and then specific ones for a particular question..

RayAnswers :

Here are some ore potential objections depending on the questions or requests.

RayAnswers :

I appreciate the chance to assist you today.Please let me know if you have more follow up.

Customer:

I can't see any of that in this chat window. But these are objections to my discovery to opposing counsel. He put misleading and overbroad on several, and it must be a legal definition of those two words, because I do not see it myself.

Customer:

How could me asking a question in discoverybe misleading? I'm not going to mislead myself.

RayAnswers :

Then here your response would be to file a motion to compel and and seek a ruling.Here are the Civil Rule of Procedure which govern here go down to the twenties to thirties which govern discovery.Also check for your local rules--what county here is involved.

RayAnswers :

I am going to switch this out of chat so you can see all of this and then if you have follow up you can still ask.

Expert:  Ray replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Ray replied 11 months ago.

Title V DISCOVERY
26 General provisions governing discovery
27 Perpetuation of testimony-depositions before action or pending appeal
28 Persons before whom depositions may be taken
29 Stipulations regarding discovery procedure
30 Depositions upon oral examination
31 Depositions of witnesses upon written questions
32 Use of depositions in court proceedings
33 Interrogatories to parties
34 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes
35 Physical and mental examination of person
36 Requests for admission
37 Failure to make discovery: sanctions


These are the rules from above that cover this.

 

This rule speaks to a motion to compel to force the court to rule on this and compel them to answer.

 

RULE 37. Failure to Make Discovery: Sanctions
(A) Motion for order compelling discovery. Upon reasonable notice to other parties and all persons affected thereby, a party may move for an order compelling discovery as follows:
(1) Appropriate court. A motion for an order to a party or a deponent shall be made to the court in which the action is pending.
(2) Motion. If a deponent fails to answer a question propounded or submitted under Rule 30 or Rule 31, or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer or an order compelling inspection in accordance with the request. On matters relating to a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order.
(3) Evasive or incomplete answer. For purposes of this subdivision an evasive or incomplete answer is a failure to answer.
(4) Award of expenses of motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent who opposed the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

 

Sample Motion to Compel..

 

 

Jean Schmidt v. David Krikorian

Expert:  Ray replied 11 months ago.

Here is good self help for filing and proceeding on a motion to compel here to force the court to rule on their objections.

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/documents-and-papers-from-a-court/motion-to-compel-discovery-and-sanctions/qandact_view

 

And also it is a good idea overall to contact the lawyer on the other side and at least try to resolve the matter possibly be amending your question or request.And sometimes the other side is just being stubborn and the court compels them to answer so if it is not resolvable file your motion here.

 

Read your local rules about discovery disputes and make sure you tried to resolve it here.

 

http://www.supremecourt.ohio.gov/judSystem/trialCourts/

 

Thanks again.

 

If the question /objection was it was over broad try to narrow it by date, or other changes to focus on what you specifically need here.

 

If they objected here as misleading ask them what they contend is misleading.In general that sounds like a sort of bogus objection unless it was an admission as opposed to an interrogatory or production request.

 

You may end up filing your motion to compel.Often lawyers are playing lawyer games trying to confuse you and drag out discovery hoping you will get frustrated and give up.Persistence is real important and prepare for some discovery fights.

 

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

 

 

 

 

 

 

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Expert:  Ray replied 11 months ago.

Page 4 of the reference below might help you address this.As you can see in most cases these objections will no tstand if they gave you no response and the court may rule in your favor on amotion to compel if you cannot resolve it here.

Effective use of objections in responding to interrogatories - Cheong ..

Customer: replied 11 months ago.

If he objects, he still has to respond, correct? He can't just object and leave it at that?

Expert:  Ray replied 11 months ago.
If he just objects usually your local rules require you to try and resolve it by letter or phone call and if you cannot then file your motion to compel.Document your phione call or letter to represent it to judge and seek a hearing and ruling to compel.He is jsut stalling if he did not even try to to answer it.You have to keep after him here with phone call/ letter and then motion if necessary here.
Customer: replied 11 months ago.

If he objected to an admission as not relevant and did not answer other than that, is it considered admitted if the court overrules his objection?

Expert:  Ray replied 11 months ago.
You would need to file a motion to compel here to force him to admit or deny and the court would set hearing and force him to do so.It's the only way to compel a response since he has objected.I know its frustrating but again stay after them here if it is important to your case.
Expert:  Ray replied 11 months ago.
Thanks again for letting me help you today.I wish you the best in court.
Customer: replied 11 months ago.

The judge has ordered no more motions or discovery. She will handle his objections at the final pretrial hearing a week before trial.


 


He objected to 8 out of 24 int's and 12 out of 24 admissions. He also claimed priv against self incrimination in 4 of the 8 int's 5 of the 12 admissions objected to.

Expert:  Ray replied 11 months ago.

Then the court will still rule on these issues and if you win and need more time to sort them out the court should allow a continuance so you can recevice them and prepare.

And honestly ti would not hurt to file a motion to compel and ask the court to ruel on it at pretrial.You can do that for sure.
Expert:  Ray replied 11 months ago.
Thanks again and good luck at pretrial.
Customer: replied 11 months ago.

I don't think you are aware of this, but if you post while I'm writing a response, my response aparently just disapears into thin air. I had just written a lengthy response to you, which is gone now.


 


Please give me a few minutes to rewrite it.

Expert:  Ray replied 11 months ago.
Sorry take your time.
Customer: replied 11 months ago.

She said no more motions without leave. She also said no more continuences because this defamation case has been ongoing for 21 months as of the current trial date.


 


This other lawyer is a real piece of work. It took me 18 months to get evidence from the first round of discovery due to a motion to compel which he ignored. Now I have to make an order for contempt motion, which I tried, evidently did wrong and have until this week to do right. I have no clue.

Expert:  Ray replied 11 months ago.

It's tough I know.It's a deliberate style a lawyer uses against a pro se opponent and its very effective.So here if you have motions make a motion for leave and see if the court grants it to allow you to file it.Again its more paper but you are working within the rulings of the judge and as per her instructions.Try to not get frustrated and take it one step at a time.File your motion for leave for anything you then want to file such as a contempt or motion to compel., etc.Please don't get discouraged keep after them.They want you to give up.

Customer: replied 11 months ago.

I made the motion for order to show contempt and at a motions hearing was told it was out of rule, that I had to notify him of penalties and date etc. It's supposedly in the orc, but I found nothing that says what is required. And I really don't get why it's up to me to notify this guythat he's in contempt of the judges order rather than the judge?

Expert:  Ray replied 11 months ago.
Well a normal motion for contempt here has a show cause order so that when you are goign to file it you go to court clerk and get the date for the show cause and judge sings the show cause order and you then serve it on the other party.

Now here if they objected to discovery the remedy is a motion to comple not a motion for contempt.That may be what got you in hot water.You have to file the compel have it ruled on and then if they fail to comply then you file the motion to compel and get the show cause.Are we clear on that.

Thanks..
Ray, Lawyer
Category: Legal
Satisfied Customers: 29272
Experience: 29 years in civil, probate, real estate, elder law
Ray and 12 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

show cause order was for the evidence it took me 18 months and a motion to compel to get. He still did not provide it until the judge made him at the last motions hearing, so I'm not sure I can hit him up for contempt any more, even though the judge gave me time to do so.


 


Thanks for clearing it up though the missing piecew was the clerk visit.


 


2 last follow-ups"


1. Can he claim priv to self incrimination even if the statute of limitations has run out?


 


2. Is he required to follow instructions and definitions in discovery request? i.e. if instructed to detail each person and he just gives a broad response covering all, making it impossible to tell who he is referring to.

Expert:  Ray replied 11 months ago.

show cause order was for the evidence it took me 18 months and a motion to compel to get. He still did not provide it until the judge made him at the last motions hearing, so I'm not sure I can hit him up for contempt any more, even though the judge gave me time to do so.

 


You can reassert existing motion if you did not get all you asked for.


 


Thanks for clearing it up though the missing piecew was the clerk visit.


 


2 last follow-ups"


1. Can he claim priv to self incrimination even if the statute of limitations has run out?


Court should rule on that--if itis a civil suit there would shoudl not be a fifth amendment right on that, court should agree with you.


 


2. Is he required to follow instructions and definitions in discovery request? i.e. if instructed to detail each person and he just gives a broad response covering all, making it impossible to tell who he is referring to.

 

Again you reraise your motion to comepl and force a ruling or reurge existing motion for contempt.And the answer is no he has not shown good fatih here in answeering and should be sanctioned.

 

Thanks and the best to you.

Customer: replied 11 months ago.

Is "force a ruling" a legal term? Do I say I'd like to force a ruling to the judge at the hearing?

Expert:  Ray replied 11 months ago.
Well you would ask the court to rule on his objections and to order him to answer rteh admission or produce whatever he hasn't produced.The court has to rule because he is not cooperating.So you want to make the court decide he matter compel production and or sanction him.He is stonewalling all along the way as you state here.

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