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Boilerplate discovery objections infect pretrial documents in most modern civil litigation. Responses to requests for production and interrogatories are often littered with trite objections like “Objection: overbroad, irrelevant, privileged”—objections low on detail and high on obstruction.
Boilerplate refers to standard language that is commonly used in legal documents. Think of it as a template that includes phrases and clauses that are often repeated across similar types of contracts.
Most boilerplate clauses clarify the relationship between the contracting parties. Generally, subject to statutory restrictions and illegality, the parties to an English law contract are free to define their contractual relationship between each other.
10 Μαρ 2020 · The Enforceability of Boilerplate Contractual Provisions. March 10, 2020 (9 min read) By: Jim Wagstaffe and The Wagstaffe Group. Recent caselaw has upheld the enforceability of boilerplate contractual provisions regarding forum selection, choice of law, and mandatory alternative dispute resolution. These clauses, seemingly innocuous in their ...
9 Μαρ 2017 · Stating ediscovery objections with specificity is elementary, while boilerplate can result in waiving objections. See how courts apply these two principles in new case law.
Often, the term “boilerplate” means that the term has been litigated before and stood up to court analysis, performing the way that the drafting parties expected it to. These clauses are used over and over because they respond to uncertainties created by the common law of contracts that most parties want to mitigate.
28 Φεβ 2017 · The use of boilerplate objections has never been allowed under the Federal Rules of Civil Procedure. It seems, however, that the 2015 amendments to the rules have woken sleeping giants and filled them with a terrible resolve.
