Rule 33(d) Archives

Court Held That an ESI Protocol Applied Only to ESI

In Skeans v. Atlantic Marine, the court clarified that an ESI Protocol governs only electronically stored information, not non-ESI materials, thereby requiring a separate privilege log timeline for non-ESI. It also addressed inadequate interrogatory responses under Rule 33(d).

Blog Articles, Case Law, In the News, Recent News, Rules

May 12, 2025
Michael D. Berman

When Can a Party Refer to Produced Records as an Answer to an Interrogatory?

In Red-D-Arc Inc. v. AMP 2 LLC (2025), the court examined the proper application of Rule 33(d) for answering interrogatories via business records. It highlighted the burden on both parties and emphasized that illegible or incomplete records often fail to meet Rule 33(d) requirements.

Blog Articles, Case Law, In the News, Recent News, Rules

January 8, 2025
Michael D. Berman