How should objections during discovery be handled?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Objections during discovery must be reasonable and can be challenged to maintain the integrity and efficiency of the discovery process. It is crucial that parties have the opportunity to challenge objections because not all objections are valid or appropriate. This challenge helps prevent the misuse of objections as a means to obstruct the discovery process.

In practice, if an objection is raised, the party causing the discovery dispute can ask for a ruling from the court if they believe the objection lacks merit. This approach encourages responsible use of objections and ensures that legitimate discovery requests can still be fulfilled. Reasonableness is key, as objections should be based on valid legal grounds, such as irrelevance, privilege, or undue burden.

Handling objections in this manner fosters a collaborative and fair environment during discovery, allowing both sides to adequately prepare their cases while also protecting against frivolous or defensive tactics. The emphasis on reasonableness also reflects the expectations of civility and professionalism within the legal community.

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