[WSBARP] Off Topic - Object to Discovery vs. Object and Bring Motion

[scott.glen.thomas at gmail.com]

“If a party objects to an interrogatory or a request for production, then
the party must seek a protective order under CR 26(c). CR 37(d). If the
party does not seek a protective order, then the party must respond to the
discovery request. The party cannot simply ignore or fail to respond to the
request.”  Magaña v. Hyundai Motor Am., 220 P.3d 191 (2009).  In the 9th
Circuit, “It is well established that a failure to object to discovery
requests within the time required constitutes a waiver of any objection.”
Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir.
1992).  I doubt most superior court judges will draw that hard line, but
they could, especially if there is a discovery schedule that has been
entered.

 

When responding, I usually file objections and include a draft protective
order with a letter to counsel and a request to discuss.  If I don’t get
anywhere with that, then I schedule a time to confer.  That allows me plenty
of time to work through the issues and preserve objections.  And if I am the
one promulgating the discovery, I will go on the offensive and include a
draft stipulated protective order with the discovery requests.  There is a
good model stipulated protective order on the Western District of Washington
web site that is a starting point and can be modified for state courts:
https://www.wawd.uscourts.gov/sites/wawd/files/ModelStipulatedProtectiveOrde
r.pdf

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, March 1, 2022 4:03 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Off Topic - Object to Discovery vs. Object and Bring
Motion

 

Listmates:

 

I am used to serving Interrogatories and Requests for Production, and then
receiving, almost immediately, blanket objections and when the response are
do, getting most answers.  Is it appropriate to timely file objections,
only, to prevent waiving the objections?  When does one file a motion for
protective order under CR 26©?  Does one file the objection, confer with
opposing counsel (CR 26(i)), then seek the protective order?  

 

Jeff Davis.

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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