Courts Hold Untimely Discovery Objections Waived: Legal Professionals Urged to Heed Timelines

In a series of recent rulings, culminating in Re: International Painters & Allied Trades Industry Pension Fund, 2023 WL 6812297 (D. Md. Oct. 16, 2023)(Coulson, J.)(“International Painters III”), courts have held that discovery objections were waived because they were not timely raised, setting a precedent that could reverberate within legal circles.

The article, first published on November 1, 2023, further suggests that references to a deposition in answers to interrogatories were deemed defective. This three-part decision series signifies a marked shift in court handling of these procedural aspects, and serves as a stark reminder for the corporations and law firms of the importance of timely objection.

The opinions and positions outlined in these recent court decisions reflect Michael Berman’s perspectives. As the legal community digests this development, it’s important to note that an untimely objection to discovery could potentially result in a waiver of that objection. Providing timely and appropriate responses to interrogatories and avoiding defective responses will be crucial moving forward.

These developments serve as a potent reminder for legal professionals that strict adherence to procedural timelines, as well as accurate and precise responses to interrogatories, is more critical than ever. Staying abreast with such crucial legal developments can help corporations and law firms to avoid potential disputes and craft more effective legal strategies.