Q: Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.
Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.
A: A fundamental one is medical records that have no relevance to the issues at hand, whether in terms of causality or extent of damages. Good luck
A:
In California, discovery requests in legal proceedings should be relevant to the case and not designed to embarrass, oppress, or harass the party receiving them. However, there are instances where discovery requests may cross this line.
Examples of such requests could include asking for detailed personal information that has no direct relevance to the case, such as inquiring into an individual’s sexual history, private family matters, or medical conditions unrelated to the litigation. Requests for exhaustive lists of personal contacts, irrelevant financial records, or demanding access to personal diaries or journals can also be seen as oppressive or harassing.
Another example is repeatedly asking for voluminous documents or information within an unreasonably short time frame, which can be seen as a tactic to overwhelm or pressure the opposing party.
If you're facing such discovery requests, you have the right to object to them. It's advisable to discuss these concerns with your attorney, who can guide you on the appropriate steps to take, including filing a motion with the court to limit or prevent these types of requests. Remember, the legal process should be about fairly resolving disputes, not about inflicting distress on the parties involved.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.