{"id":16859,"date":"2018-07-08T20:36:19","date_gmt":"2018-07-08T20:36:19","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=16859"},"modified":"2018-07-08T20:37:54","modified_gmt":"2018-07-08T20:37:54","slug":"discovery-abuse-misuse-of-the-pretrial-discovery-process-especially-by-1-requesting-unnecessary-information-2-requesting-information-for-an-improper-purpose-or-3-failuring-to-respond-adequ","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=16859","title":{"rendered":"discovery abuse – misuse of the pretrial discovery process, especially by (1) requesting unnecessary information; (2) requesting information for an improper purpose; or (3) failing to respond adequately to a proper discovery request"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> \u00a7 1 <\/a><\/span><\/span>Tort<\/a> or <\/a>Breach of<\/a><\/span><\/span><\/em> Contract<\/span><\/span><\/a><\/em> >>>> Torts<\/a> >>>> Types of Torts<\/a><\/span><\/span><\/strong>\u00a0<\/span><\/span><\/strong>>>>> Abuse of Litigation Procedures (Torts)<\/a>\u00a0>>>> Abuse of Process<\/a>:<\/span><\/span><\/strong><\/p>\n

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discovery abuse<\/span>:<\/span><\/strong>
\n(1975)<\/span><\/p>\n

1. The misuse of the pretrial discovery<\/a> process, especially by<\/span> making overbroad requests for information that is unnecessary or beyond the scope of <\/span><\/strong>permissible disclosure or by conducting discovery for an improper purpose.\u00a0<\/span><\/strong>\u2014<\/span>\u00a0aka\u00a0<\/span>abusive discovery<\/span><\/em>.\u00a0<\/span><\/strong>[1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 Excerpt Charles Alan Wright’s\u00a0The Law of Federal Courts<\/em><\/a>\u00a0(5th ed. 1994):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe term \u2018discovery abuse\u2019 has been used as if it were a single concept, but it includes several different things. Thus, it is useful to subdivide \u2018abuse\u2019 into \u2018misuse\u2019 and \u2018overuse.\u2019\u00a0 What is referred to as\u00a0\u2018misuse\u2019 would include not only direct violation of the rules, as by failing to respond to a discovery request within the stated time limit, but also more subtle attempts to harass or obstruct an opponent, as by giving obviously inadequate answers or by requesting information that clearly is outside the scope of discovery.\u00a0 By \u2018overuse\u2019 is meant asking for more discovery than is\u00a0<\/span><\/span><\/span><\/strong>necessary or appropriate to the particular case.\u00a0 \u2018Overuse,\u2019 in turn, can be subdivided into problems of \u2018depth\u2019 and of \u2018breadth,\u2019 with \u2018depth\u2019 referring to discovery that may be relevant but is simply excessive and \u2018breadth\u2019 referring to discovery requests that go into matters too far removed from the case.<\/span>\u201d\u00a0<\/span><\/strong>[2]<\/span><\/p>\n

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2. The failure to respond adequately to proper discovery requests.\u00a0<\/span><\/strong>\u2014 aka<\/span> abuse of discovery<\/span><\/strong><\/em><\/span>.<\/span> [1]<\/span><\/p>\n<\/div>\n