Federal Rules of Civil Procedure, Objection Procedures

When Mere Objections Are Not Enough

Esquire Deposition Solutions, LLC on 1/7/2025

It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging...more

Timely And Specific: Making Objections To Federal Magistrate Reports

Carlton Fields on 10/4/2018

Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate’s report and recommendation are filed...more

Good For The Goose, Good For The Gander: Waiver Of A Waiver Objection

Carlton Fields on 6/13/2018

It is axiomatic that objections not presented to the trial court are deemed waived on appeal. What may come as a surprise, however, is that waiver arguments can also be waived. Thus, a party’s failure to raise a waiver...more

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

Troutman Pepper Locke on 9/27/2017

The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Motions In Limine, Contemporaneous Objections, And The Need To Adequately Preserve The Record

Carlton Fields on 11/7/2014

Does your motion in limine sufficiently preserve your objection to the introduction of evidence at trial, or do you need to be on your toes to make a contemporaneous objection at trial? A recent Illinois decision illustrates...more

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

Polsinelli on 6/4/2014

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more