Wendy Butler Curtis and Alison Kilmartin co-authored an article entitled "Chicken or Egg Problem: What Comes First, ESI Protocol or FRCP 34 Responses?" on new requirements relating to the timing of document requests during discovery.
An excerpt from the Corporate Counsel article is included below.
Timing, as the saying goes, is everything. This is particularly true given the new requirements under Federal Rule of Civil Procedure 34. When objecting to document requests, parties must now do so with specificity, stating whether documents were withheld and when the production will be complete. Litigants thus face a quandary: Objections are likely due before electronically stored information (ESI) protocols are negotiated, yet ESI protocols often define the scope and timing of discovery.