DISCOVERY ABUSE

discovery abuse. 1. The misuse of the discovery process, esp. by making overbroad requests

for information that is unnecessary or beyond the scope of permissible disclosure or by conducting

discovery  for  an  improper  purpose.  [Cases:  Federal  Civil  Procedure    1261,  1278;  Pretrial

Procedure    28. C.J.S. Discovery §§ 2, 6–7, 21.]

“The  term  ‘discovery  abuse’  has  been  used  as  if  it  were  a  single  concept,  but  it  includes

several different things. Thus, it is useful to subdivide ‘abuse’ into ‘misuse’ and ‘overuse.’ What is

referred to as ‘misuse’ would include not only direct violation of the rules, as by failing to respond

to  a  discovery  request  within  the  stated  time  limit,  but  also  more  subtle  attempts  to  harass  or

obstruct an opponent, as by giving obviously inadequate answers or by requesting information that

clearly is outside the scope of discovery. By ‘overuse’ is meant asking for more discovery than is

necessary or appropriate to the particular case. ‘Overuse,’ in turn, can be subdivided into problems

of ‘depth’ and of ‘breadth,’ with ‘depth’ referring to discovery that may be relevant but is simply

excessive and ‘breadth’ referring to discovery requests that go into matters too far removed from

the case.” Charles Alan Wright, The Law of Federal Courts § 81, at 580 (5th ed. 1994).

2. The failure to respond adequately to proper  discovery requests. — Also termed abuse  of

discovery. [Cases: Federal Civil Procedure    1278; Pretrial Procedure    44.1.] [Blacks Law 8th]