May 23, 2017) (overruling objections for failing to comply with Rule 34(b)(2)) Watkins v. 17, 2018) (compelling responding party to produce withheld documents and awarding attorney fees against it) Polycarpe v. 23, 2020) (threatening sanctions for violating the requirements of Rule 34(b)(2)(C)) Bally v. The amendment to the rule created a mechanism for the requesting party to receive notice of “the fact that documents have been withheld and thereby facilitate an informed discussion of the objection,” thus increasing the likelihood of resolving the objection without court intervention.įailure to follow subsection (b)(2)(C) by stating whether responsive documents were withheld based on the objection could subject a responding party to having the objection overruled, or even lead to sanctions. The intent of subsection (b)(2)(C) was to “end the confusion that frequently arises when a producing party states several objections and still produces information, leaving the requesting party uncertain whether any relevant and responsive information has been withheld on the basis of the objections.” Id. 34(b)(2)(C) Advisory Committee Notes, 2015 Amendments. request must state whether anything is being withheld on the basis of the objection.” Fed. Effective December 1, 2015, subsection (b)(2)(C) was amended to require that “an objection to a. 34(b)(1)(A).Īlthough a party is permitted to object to a Rule 34 request, subsection (b)(2) sets forth specific guidelines that the responding party must follow when asserting objections. Subsection (b)(1)(A) states that the request must “describe with reasonable particularity each item or category of items to be inspected.” See Fed.
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