Written by attorneys · grounded in primary & secondary sources — see below
A characteristic of a discovery request, evidentiary opinion, or proposed course of conduct that permits a party to raise a valid challenge or opposition under applicable procedural or evidentiary rules.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Restatements
How it applies
Common Examples
6
Contention Interrogatory Served Early
Orlando Okafor served twenty interrogatories on Outback Mining that asked the company to state every economic theory supporting its antitrust defense. Outback Mining objected that the requests sought premature opinions on the application of law to fact before expert reports were due. The court denied the objection and ordered answers because the interrogatories related to matters within the scope of discovery and were not objectionable merely for seeking contentions.
Expert Testimony on Ultimate Fact
Orion Orlov called a policing practices expert who testified that an officer's traffic stop fell below accepted professional standards. The city objected that the opinion embraced the ultimate issue the jury had to decide. The court overruled the objection because an opinion is not objectionable solely because it addresses an ultimate factual question.
Oscar Ortiz proposed a new set of administrative rules that would take effect only after Congress had an opportunity to review them. A member of Congress argued that the rules contained provisions that were objectionable and should be blocked by legislation. The statute permitted Congress to prevent objectionable rules from becoming effective through ordinary legislation rather than a unilateral veto.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Internet Filtering Software Limits
Oriana Oberman challenged a statute that required blocking software to screen for objectionable features on the internet. The government defended the law by pointing to the availability of parental controls that could block material parents found objectionable. The Court examined whether the statutory scheme swept too broadly in regulating speech that some users might consider objectionable.
Reno v. American Civil Liberties Union521 U.S. 844 (1997)
Physician Disclosure Requirement
Oswald Orozco challenged a state law requiring physicians to disclose certain information to patients seeking abortions. The state defended the requirement as rationally related to informed consent. The Court noted that an accurate description of gestational age and risks was not objectionable because it advanced legitimate state interests without imposing an undue burden.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
DNA Profile Testimony Phrase
Oskar Ocampo objected to an expert's testimony that a DNA profile had been identified as originating from a particular individual. The defense argued that the phrasing of the testimony was objectionable because the expert lacked personal knowledge of how the profile was generated. The Court analyzed whether the specific words used created a confrontation problem under the Sixth Amendment.
Williams v. Illinois567 U.S. 50 (2012)
Common questions
Frequently Asked
2
When may a court defer answers to contention interrogatories that seek opinions on the application of law to fact?+
A court may order that an interrogatory need not be answered until designated discovery is complete or until a pretrial conference. The rule permits deferral when the requested contentions depend on materials not yet produced, such as expert reports scheduled for later disclosure.
Supporting sources
Does an expert opinion become inadmissible merely because it addresses an ultimate issue the jury must decide?+
No. An opinion is not objectionable just because it embraces an ultimate issue. The opinion remains admissible if the expert is qualified, the testimony is helpful, and it rests on a reliable basis.
Supporting sources
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…in unborn human life. See id. , at 445-446, n. 37 (required disclosure of gestational age of the fetus "certainly is not objectionable"). Although petitioners contend that it is unreasonable for the State to require that a physician, as opposed to a nonphysician counselor, disclose this information, we agree with the Court…