Document Requests and Objections Under the Proposed Rule 34(b) Amendments

Under the 2015 Amendments, litigators will be required to sharpen their pencils and think before reacting to a document request.
In a nutshell:

  1. Parties will be required to incorporate the proportionality standards from Rule 26(b) and 26(g) in their document requests and objections.
  2. The parties will no longer be allowed to use broad “any and all” or “each and every”document requests.
  3. Boilerplate objections will no longer be acceptable.
  4. Parties will be able to serve a document request under Rule 26(d)(2) before the Rule 26(f ) conference.
  5. Producing party will be required to to identify the date a production will be complete and for rolling productions, “the beginning and end dates of the production.”
  6. Producing party will be required to expressly state that it is opting to produce copies instead of permitting an inspection.