Hayes Explains Civil Procedure Rule on Withholding Documents in Discovery

Shook Associate Ashley Hayes has authored “Withholding Documents on the Basis of an Objection: What to Know about Rule 34(B)(2)(C)” for the American Bar Association Section of Litigation’s Practice Points.

Hayes warns that failure to precisely follow the Federal Rules of Civil Procedure’s rule on withholding documents based on an objection could result in the objection being overruled or even sanctions for the attorney. Accordingly, she recommends that counsel “take the time to carefully consider his or her objections to discovery requests, determine whether the client is in possession or control of documents that would be responsive if the objections were overruled, and expressly state whether those documents have been withheld on that basis.”