It feels like so much of civil litigation is wildly performative. It seems to me like one should be able to simply say something like "Subject to all applicable objections... [insert]." Does it really do anyone any good for lawyers to run the clock and draft tens of hundreds of pages of objections ranging from boilerplate language to bad faith claims that a Request is "vague or ambiguous" based on strained readings of the English language?

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No, but litigators are weirdos so they love it.

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Many partners I work with and I just make objections that are legit—identifying legitimate problems or places the requests go too far. My view is that judges are annoyed reading the fifty pages of boilerplate trash. I have never seen those BS strained objections actually help anyone in a discovery dispute. Nor have I ever seen someone lose a discovery dispute because they supposedly waived an objection by not including it in their R&Os. No court is gonna be like “oh you didn’t say unduly burdensome for this piece so now you have to search every piece of paper at the company to the fullest extent to find any possibly responsive doc no matter the cost.”

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Yea if something is genuinely vague, yes assert that and explain it. If a request does go beyond what’s reasonable, certainly assert that and explain it. But you don’t need to spew every objection in the book at every request.

I’d respectfully disagree that objections are written this way because courts have made rulings that indicate they are valuable. I think practitioners sometimes react to court rulings by drafting certain language, assuming it will help them, and then other practitioners copy them and stuff becomes standard even though no court has ever said it matters. And then people assume it matters because everyone else is doing it.

Most litigators would agree with you. But unfortunately, in most jurisdictions, all objections not expressly asserted are waived.

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To be clear, I understand *why* we do it. I'm saying the rule is dumb and outdated and should be changed. Surely there is very little client value from this being the norm.

The 35 affirmative defenses didn’t tip you off?

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I had to, because my standard Affirmative Defense #36 was “Is Wayne Brady gonna have to C a B?” and OC’s kept crying.

It’s theater! If you scared go to church…

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