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Gunny'g thread on answering rogs.

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I usually do not get involved with rogs, they tend to be over argued at times and everyone seems to have their own way of answering them.

While every case is different and every lawyer and prose handles a case in their own way some certain facts about answering rogs should be discussed.

First I will say this, rogs are nothing more than written discovery.The goal of written discovery is to permit the parties involved to identify essential issues necessary to evaluate the case and prepare for depositions and trial.

All too often rogs take up a lot of the pro se's and the courts time. Rogs are expected to be handled by the parties involved and with out a lot of court intervention, unless one side refuses.

More often than not one side presents rogs to another side that are nothing more than boilerplate questions. Some times these questions are not even reviewed to make sure they even fit the case.

When must or should an objection be stated?

The rule to remember is that if an objection is not stated that objection is waived for future use or for an appeal case.code of civil procedure 2030.290 and Scottsdale Ins. Co. v. Superior Court of Los Angeles County (1997).

Another rule of thumb is to provide all written objections that you deem applicable in your initial response. This will preserve your rights to use them at a later date.

There are exceptions to waiver; for example, a delayed objection on the grounds of privacy. (Heda v. Superior Court (1990) 225 Cal.App.3d 525, 530

[275 Cal.Rptr. 136, 139].) But rather than risk a court ruling regarding a

waiver by failing to object, applicable privacy and privilege objections should

always be stated. Should the written discovery process land you in law and

motion, a practitioner who errors on the side of over-objecting will fair better

than the attorney who missed a significant objection.

One thing to remember is that lengthy written discovery eats up billing time for collection agencies and JDB's. This can be stratagized and used against a collector and more often than not a collector has a break even point where they will dismiss on their own. Be care full with this thoery though as some collectors are stubborn.

There is almost no risk in stating an objection if the request is answered anyway. Most requests should be answered,even if an objection is stated. But objecting to every request without providing any answers is sure to end in a motion to compel. If an improper question seeks information that will not hurt your case and does not invade your privacy, answer the question.

Nothing will generate more interest from the defense than a response which

makes opposing counsel think you are hiding something important.

State objections simply and clearly. Support your objections with legal authority. An objection should be stated just as it would in a response to a “meet and confer” letter, and then into an opposition to a motion to compel. A judge will notice and appreciate this kind of consistency.

Here are some very good objections to use. Be advised that for some reason my books I have from class seem to love to use California cases. But a very determined and a person that knows how to argue should be be to get the court to understand what other courts have ruled. Sorry I can't give cases for every state that would be "overly burdensome" lolo

Argumentative “Objection, The discovery request as phrased is argumentative.It requires the adoption of an assumption, which is improper.”

Any discovery request that requires the adoption of an assumption is

argumentative.This is objectionable as to form.

Already asked, repetitive discovery: “Objection. The discovery request has, in substance, been previously propounded.

(See Interrogatory/Request No. ___.) Continuous discovery into the same matter constitutes oppression, and Plaintiff further objects on that ground.

(Professional Career Colleges v. Superior Court (1989) CAL

Although not a forceful objection, if the defendant continuously seeks the

same information, irrespective of the phrasing of the request, it may be

grounds for a protective order based upon oppression.

Burdensome, oppressive, overbroad: “Objection. The discovery

request is so broad and unlimited as to time and scope as to be an

unwarranted annoyance, embarrassment, and is oppressive. To comply with the request would be an undue burden and expense

on the plaintiff/Defendant. The request is calculated to annoy and harass p. (See Code of Civ. Proc., § 2030.090 subd. (B); and Columbia Broadcasting System, Inc. v. Superior Court of Los Angeles County


While this is often a valid objection, it is rarely a basis for not providing a

response. Before standing on this objection, sincere “meet and confer” efforts

should be made to resolve the issue.

Collateral source rule: “Objection.The discovery request seeks information not relevant to the subject matter of the lawsuit and not

calculated to lead to the discovery of admissible evidence in violation of the collateral source rule. This request is also an invasion of Plaintiff ’s/Defendant's right to privacy. (See Hrnjak v. Graymar

(1971) CAl Pacific Gas & Electric Company v. Superior

Court (1994) Cal. and Helfend v. SCRTD

(1970) Cal.

Prefatory instructions and definitions:

“Objection. The set of discovery utilizes preliminary instructions and relies on preliminary/introductory definitions in violation of Code of Civil Procedure

section (use your states code here) (d).”

Written discovery sets often have prefatory instructions and definitions.

This is improper. (Code of Civ. Proc, for your state (d).) Definitions are proper, but must appear in the interrogatory itself.

Subparts, compound, conjunctive, or disjunctive: “Objection. This interrogatory contains subparts, or a compound, conjunctive, or disjunctive question in violation of(your states code of civil procedure)

Social Security information: “Objection. A party’s social security

number is “clearly irrelevant to the subject matter of the action.” (Smith v.

Superior Court of San Joaquin County(1961)

Tax returns and W-2s: “Objection. Information regarding tax returns,

including income tax returns, W-2 and/or 1099 forms, is privileged under

federal and state law. (See Webb v.Standard Oil Co. (1957) Look for cases within your state they will be there this is a common tactic of collection agencies.

Continuing interrogatory:“Objection: The question requires the

responding party to supplement an answer to it that was initially correct, thus constituting a “continuing” interrogatory in violation of Code of Civil Procedure for your state.

Compilation required: “Objection:The interrogatory would necessitate the preparation of a compilation, abstract, audit or summary from documents in plaintiff ’s/Defendants possession; because such preparation would be similarly burdensome and/or expensive to both the propounding

and responding parties, plaintiff/Defendant herewith offers to permit review of

the following documents, _____________, from which propounding party can

audit, inspect, copy or summarize. The other party will make said documents

available for review upon reasonable request.

Medical records/medical history:“Objection. The discovery request seeks to discover plaintiff ’s medical history and/or treatment which is completely unrelated to the issues in this litigation in violation of plaintiff ’s constitutionally protected right to privacy under(your states constitution)

Irrelevant: “Objection. Irrelevant.Plaintiff ’s request is irrelevant to the subject matter of this matter, and the information sought is not reasonably calculated to lead to the discovery of admissible evidence. (your state code of civil procedure)

Equally available: “Objection." The information sought in this discovery

request is equally available to the propoundingparty. (See Code of Civ. Procedure for your state)

and Alpine Mutual Water Co. v. Superior Court (1968) Cal.

A party has an obligation to make a reasonable and good faith effort to

obtain requested information, “except where the information is equally available to the propounding party.” (Code of

Civ. Proc. for your state)

There are other objections that can be made but the rest are mostly for criminal cases so I wont go into them. I hope this helps to eliminate some of the arguments with rog answers.

I will cover some more affirmative answers in the next post.

Edited by BTO429
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Lack of Foundation: "Objection the prerequisite evidence has not been entered that would make this evidence admissible.

This could be proof that a confession has been made knowingly and voluntarily (predicate), that a witness is competent to testify to a fact, or that a document is admissible.

This is a good objection to make when you’re sure that the evidence

about to be presented is objectionable but you are not sure how. If you object then it forces the other side to go back and lay a proper foundation for the conclusion.

Leading: "Objection" the question is leading The questioning attorney may not frame a question in such a way that it suggests the answer. a leading question or suggestive interrogation is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading:

You were at Smitties bar on the night of July 15, weren't you?

It suggests that the witness was at Smitties bar on the night in question. The same question in a non-leading form would be:

Where were you on the night of July 15?

It is important to distinguish between leading questions and loaded questions: questions that are objectionable because they contain implicit assumptions.

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