sample objections to request for production of documents florida

WebSubpoena for Production of Documents from Nonparty, Florida Supreme Court Approved Family Law Form 12.931(b), is the actual subpoena directing the nonparty to produce specific documents. Plaintiff further objects to this request as vague and ambiguous because it relies on the undefined terms "CID investigation." Copies of certain materials, including internal memoranda to which documents obtained from outside parties may have been attached, are circulated to and may be maintained in files kept in Antitrust Division files other than the principal investigatory and case files. CONTACT WITH THE CLIENT WHEN A DOCUMENT REQUEST IS RECEIVED. This objection encompasses, but is not limited to, documents previously produced by Defendant to the Antitrust Division of the Department of Justice during the Antitrust Division's civil investigation of Dentsply's distribution and marketing of artificial teeth, all transcripts of depositions of employees and former employees of Defendant, and all correspondence between the Plaintiff and Defendant. Your response to this request should be periodically supplemented. These interviews were conducted by attorneys and staff of Plaintiff. When the scope of the document production is narrowed by one or more objections, this fact and the nature of the documents withheld should be asserted explicitly for that request. Please keep this in mind if you use this service for this website. 1. Plaintiff objects to this document request as overbroad, burdensome, vague, and ambiguous to the extent that it relies on the term "reflecting," which is not defined in Dentsply's Second Request for Documents and First Set of Interrogatories. The new rule amends Rule 1.280 to require litigants to state the deposition question, interrogatory, or discovery request followed by the answer, objection, or other response when responding to production and admissions requests, written deposition questions, and interrogatories. OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS. See Federal Rule of Civil Procedure 33(d). xVk0W~Y d++l}XC;(}8.Y[CIw,L*dC20\0]lZ%| 1%s~mrSIW9.k~6eC^{ OrcZnQ=;ty}d!SB ! rS7h|V~;iw?7p?^LUS1qrD%re1^3% f%yJ 6g/C\yrD] All documents reflecting any verbatim statement of a third party. 2. (b) If you maintain that any document or record referred to herein has been lost, misplaced or destroyed, set forth the contents of said document, a description of said document, the location of any copies of said document, the date of such loss or destruction and, if the document was destroyed, the name of the person who operated or authorized said destruction. Plaintiff objects to each document request that is overly broad, unduly burdensome, or not reasonably calculated to lead to the discovery of admissible evidence. HUnS1F5 !Db@Iig|_37r[MG6yTW 5t; ]7]QGp If an objection is made to part of an item or category, the part shall be specified. D. Ct. Rule 26.2, of potentially confidential materials produced to Plaintiff by third parties. A party should, without having to be asked, promptly produce any responsive documents discovered after the original production. 13009 issued to Dentsply by the DOJ in connection with its antitrust investigation of Dentsply prior to the filing of its complaint on January 5, 1999," that definition gives no greater meaning to the phrase "CID investigation," unless it is intended to limit the definition of "third party" to those individuals and entities interviewed by Plaintiff pursuant to Civil Investigative Demand Number 13009. Rule 12.351 - PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION (a) Request; Scope. 1. 3. As set forth in the correspondence dated March 3, 1999 from Michael S. Spector to Kelly A. Clement, Plaintiff objects to the production of those parties' confidential documents and will not produce those documents unless directed by the Court to do so pursuant to Del. Plaintiff further objects to this interrogatory as overbroad and unduly burdensome to the extent it seeks information that is readily or more accessible to Defendant from Defendant's own files, including, but not limited to, interrogatory answers that Defendant produced to Plaintiff, transcripts of depositions of current or former directors, officers, and employees of Defendant, documents that Defendant produced to Plaintiff, and correspondence and other communications from Defendant to Plaintiff. Even so construed, the request is duplicative, overbroad, and burdensome to the extent that it calls for documents already produced to Defendant in response to Defendant's February 2, 1999 Request for Documents, including, but not limited to, documents produced to Plaintiff by third parties, transcripts of the depositions of third parties, and correspondence from third parties to Plaintiff. In addition to complying with the provisions of Rules. While "CID" is defined in Definition No. d.) The Subpoena requests production of documents by RACHLIN of its working papers. ORAL REQUESTS FOR PRODUCTION OF DOCUMENTS. An attorney's promise that documents will be produced should be honored. Plaintiff, by and through its attorneys, and pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure and the Local Rules of this Court, responds and objects to Defendant Dentsply International, Inc.'s ("Dentsply") Second Request for Documents and First Set of Interrogatories as follows: 1. While "CID" is defined to refer to "Civil Investigative Demand No. The originals of all such memoranda and documents are maintained in the principal investigatory and case files, and any handwritten annotations or comments that may be added to such documents by others in the Division would be protected by the work product doctrine, governmental deliberative process privilege, or other applicable protection. Plaintiff objects to Instruction No. among guides you could enjoy now is Sample Objections To Request For Production Of Documents below. The originals of all such memoranda and documents are maintained in the principal investigatory and case files, and any handwritten annotations or comments that may be added to such documents by others in the Division would be protected by the work product doctrine, governmental deliberative process privilege, or other applicable protection. Judith M. Kinney (DSB # 3643) Assistant United States Attorney 1201 Market Street, Suite 1100 Wilmington, DE 19801 (302) 573-6277, This document is available in two formats: this web page (for browsing content) and. Please produce a copy of all transcripts containing the testimony of any party or witness pertaining to the incident. Stated whether any responsive materials are being withheld on the basis of an objection. A request for such a log is unreasonable and unduly burdensome in light of the work product doctrine and other privileges protecting such internal documents from discovery. 6. Call the civil clerks office of your court to ask when Motion day is. 2. Subject to and without waiver of the foregoing objections, Plaintiff will produce the documents responsive to this request that have not already been produced and are not protected by the privileges listed above. 76 0 obj <>/Filter/FlateDecode/ID[]/Index[59 31]/Info 58 0 R/Length 87/Prev 100751/Root 60 0 R/Size 90/Type/XRef/W[1 2 1]>>stream Please produce any and all photographs, videotapes, motion pictures, drawings, sketches, diagrams, plats or the like taken at or made of the scene of the incident or any person or physical object which relate in any way to the circumstances of the incident. Plaintiff objects to each instruction, definition, and document request to the extent that it purports to impose any requirement or discovery obligation greater than Stating a specific objection or response shall not be construed as a waiver of these General Objections. Plaintiff objects to Definition No. A response to a document request or interrogatory stating that objections and/or indicating that documents will be produced shall not be deemed or construed that there are, in fact, responsive documents, that Plaintiff performed any of the acts described in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory, or that Plaintiff acquiesces in the characterization of the conduct or activities contained in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory. Plaintiff further objects to this definition to the extent that it uses the undefined term "during." Please produce any and all insurance policies that relate in any way to the allegations in Plaintiffs Complaint or incidents referred to in Plaintiffs Complaint. The documents containing, including, or derived from "any verbatim statement of a third party" would include all documents created by Plaintiff in the course of the investigation preceding this case that touch explicitly or implicitly on any factual matter. 1. WebUnder, Fla. R. Civ. Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. 5. 8. 3 to refer to "Civil Investigative Demand No. Web Produce documents, information, or objects, or to permit inspection of premises, is the AO 088B. . 2. That person shall be one who is fully familiar with the records system and, if a question concerning the records arises and the designated person cannot answer, the producing party should act reasonably and cooperatively in locating someone who knows the answer to the question. The responsive material includes teeth, shade guides, a video tape and a CD-ROM.Alternatively, Plaintiff will produce copies of the documents, except the teeth, the shade guides, the videotape, and the CD-ROM, all of which will be available for inspection at Plaintiff's offices. Providing such information in answering this interrogatory would be oppressive, unduly burdensome and unnecessarily expensive, and the burden of providing such information in answering this interrogatory is substantially the same or less for Defendant as for Plaintiff. Attendance at such interviews was limited to, at most, the interviewee, Antitrust Division attorneys and staff, counsel for the interviewee (in some interviews), and a potential testifying expert economist (in some interviews). 3 on the grounds that it is vague and ambiguous, that it calls for the production of documents that are irrelevant to this action and not reasonably calculated to lead to the discovery of admissible evidence, and that it is overly broad and unduly burdensome, to the extent that it calls for the production of documents in the format as they may be maintained in files outside of the principal investigatory and case files. Defendant's document requests and interrogatory call for the production of documents and information that were produced to the Plaintiff by other entities and that may contain confidential, proprietary, or trade secret information. All copies of discovery requests served upon third parties in connection with the DOJ's CID investigation of Dentsply. 7. Plaintiff will produce responsive, non-privileged documents in the order or arrangement in which they are maintained within the principal investigatory and case files. Plaintiff's possession, custody or control does not include any constructive possession that may be conferred by the Antitrust Division's right or power to compel the production of documents from third parties or to request their production from other divisions of the Department of Justice or agencies of the United States. endstream endobj The failure to include any general objection in any specific response does not waive any general objection to that request. All documents, papers or evidence to be introduced at trial. FLSA Class Actions For Unpaid Wages And Overtime, Are They Worth It? Webthose all. 7. we will unquestionably offer. 2. WebFLORIDA RULE OF CIVIL PROCEDURE 1.380: The language of Fla. R. Civ. Compliance with Request. 6 regarding "statement" to the extent it relies on the undefined term "CID investigation" and the defined term "third party." 119 0 obj <> endobj Civil Investigative Demand Number 13009 was not an investigation, it was a document request. HW[O#7~1d. 6. Please produce any and all documents or other written material which you contend evidence, support or refute any fact or circumstance relating to your defenses or claims in this action. 125 0 obj <]/Info 118 0 R/Filter/FlateDecode/W[1 2 1]/Index[119 13]/DecodeParms<>/Size 132/Prev 24054/Type/XRef>>stream Upon order of the Court or entry of an appropriate Protective Order to protect confidential materials, Plaintiff will produce responsive, non-privileged documents in the order or arrangement in which they are maintained within the principal investigatory and case files. Plaintiff will make available for inspection at Plaintiff's offices responsive documents. Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. Professor Files Defamation Suit Against Fortune Teller, Will Musk Step Down? Plaintiff does not and cannot know "all facts known" (emphasis supplied) to such individuals and entities that are relevant to the claims at issue here. Plaintiff will construe "during" to mean "in the course of.". Webflorida request for production of documents form. 5. . > With regard to the 184 individuals and entities who were interviewed by the DOJ pursuant to its CID investigation of Dentsply and subsequently identified in Plaintiff's Rule 26(a)(1) Initial Disclosures, please identify in detail all facts known to these individuals and entities that are relevant to the DOJ's claims against Dentsply in this matter. Further, Plaintiff makes the responses and objections herein without in any way implying that it considers the requests and interrogatory, and responses to the requests and interrogatory, to be relevant or material to the subject matter of this action. Please produce copies of all pleadings, orders, police reports, notices or other documents pertaining to the incident. 2. 22. While "CID" is defined in Definition No. 2. You must file the originals of these forms with the Notwithstanding these objections, Respondent will commence his production in response to the following Request to the extent possible. This Standard Document has integrated drafting notes with important explanations and drafting tips. If a party fails to respond to a request for production, the propounding party may move for an order compelling production under Rule 1.380. P. 1.350(b). motion to compel production of documents florida. When producing documents, the response must include an accompanying Any individual, corporation, partnership, joint venture, firm, association, proprietorship, agency, board, authority, commission or any other entity. All such information, prepared in anticipation of litigation and not disclosed or otherwise maintained in a way that is inconsistent with the purpose of the privilege, is protected by the work product doctrine. OBJECTIONS. 3. The applicable general objections, as stated above (General Objections), are incorporated into each of the specific objections and responses that follow. Expert witness discovery is governed by 1.280(b)(5), Florida Rules of Civil Procedure. If the court issues an order compelling production and the responding party still fails to reply, that party may be held in contempt of court and may face sanctions up to and including the dismissal of pleadings. For each item or category the response shall state that inspection and related activities will be permitted as requested unless the request is objected to, in Plaintiff requests that the following documents be produced at the law offices of the undersigned within 30 days. endstream endobj startxref Thus, a request for production of document may be compound. xbbd``b`J}@` Ll Ft? D Please produce any and all insurance policies which may provide coverage to you for part or all of any judgment for which they may be adjudged liable in this action or under which you may be indemnified or reimbursed for payments made to satisfy such judgment. Its more or less what you craving currently. Therefore, given the ongoing discussions about the scope of the privilege log and Plaintiff's objections to a request for such a log, Plaintiff will not produce a log of this material at this time. Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of the responses and objections herein, and to assert additional objections or privileges, in one or more subsequent supplemental response(s). Please produce any and all documents prepared by anyone as a result of tests, inspections or measurements made or taken with respect to the scene of the incident. 8. 3. In the course of its civil investigation of Dentsply's distribution and marketing of artificial teeth, Plaintiff interviewed a number of individuals, but interviewed none pursuant to Civil Investigative Demand Number 13009, a document request issued to Dentsply. Our Gainesville lawyers are some of the premier lawyers dealing with employment law, personal injury lawsuits and wage and hour cases, in Gainesville and throughout Florida. Stated specifically that no responsive documents have been found. All such information, prepared in anticipation of litigation and not disclosed or otherwise maintained in a way that is inconsistent with the purpose of the privilege, is protected by the work product doctrine. We meet the expense of Sample Objections To Request For Production Of uments and numerous books collections from fictions to scientific research in any way. Fla. R. Civ. Please produce any and all documents which evince, contain or relate to any statements made by Plaintiff or any other person or any communication by any person at the scene of the store in question. Moreover, Plaintiff does not waive its right to amend its responses. During its civil investigation of Dentsply's distribution and marketing of artificial teeth, Plaintiff issued a number of CIDs calling for documents, information, and oral testimony and obtained other documents and information without issuance of a CID. It is not not far off from the costs. Fla. R. Civ. When producing documents, the producing party shall either produce them Further, the incidents are so numerous that it is impossible to name them all; the main ones are related here, but Complainant reserves the right to supplement this Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. Publicly available documents including, but not limited to, newspaper clippings, court papers, and documents available on the Internet, will not be produced.

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