Also known as: undue hardship · unnecessary hardship · hardship exception · undue burden
Written by attorneys · grounded in primary & secondary sources — see below
An excessive or unreasonable burden that a party or person cannot reasonably be expected to bear in complying with a legal obligation or restriction.
Uri Underwood, defending a contract suit, seeks notes prepared by opposing counsel in anticipation of litigation. The notes contain factual summaries that Uri cannot replicate through other means because the original witnesses are unavailable. The court grants discovery after Uri demonstrates substantial need and that obtaining equivalent information would impose undue hardship.
Uliana Ustinova, corporate counsel for Umbra Technologies, directs mid-level engineers to provide facts about a disputed licensing deal. The resulting memos are withheld from discovery. The opposing party fails to show substantial need or inability to obtain the equivalent without undue hardship, so the memos remain protected.
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Umar Underwood owns a lot whose strict compliance with setback rules would prevent any economically viable use. He applies for a variance. The board grants relief because literal enforcement would cause unnecessary hardship unique to the parcel and not self-imposed.
Usha Upton operates a factory whose emissions substantially interfere with a neighbor's use of land. The neighbor sues in nuisance. The court finds the invasion unreasonable because Usha can install feasible controls that avoid the harm in part without undue hardship.
Utopia Pharmaceuticals identifies backup tapes containing relevant emails but stored on obsolete systems. Producing the data would require restoring legacy hardware at prohibitive cost. The court denies a motion to compel after Utopia shows the information is not reasonably accessible because of undue burden or cost.
Upland Industries moves for a protective order limiting a deposition schedule that would require its key employees to travel repeatedly during a critical production period. The court grants the order for good cause after finding the schedule would impose undue burden or expense.
Undue hardship requires a showing that the requesting party cannot obtain substantially equivalent materials by other means without excessive burden. Ordinary inconvenience does not meet this threshold and will not overcome work-product protection.
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Unnecessary hardship arises when literal application of the ordinance would deprive the owner of any reasonable use of the land because of unique physical conditions not shared by neighboring parcels. Self-created hardship or mere economic loss does not qualify.
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The requesting party must demonstrate both substantial need for the materials to prepare its case and that it cannot obtain their substantial equivalent by other means without undue hardship. Failure on either element preserves protection.
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An intentional invasion is unreasonable if the resulting harm is significant and the actor can avoid the harm in whole or in part without undue hardship. If avoidance is practicable without such hardship, the invasion is actionable.
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No. A party need not produce ESI from sources not reasonably accessible because of undue burden or cost, but the court may still order discovery upon a showing of good cause after considering the Rule 26(b)(2)(C) limitations.
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…claiming to be adversely affected by any such decision. The board is given power in specific cases of practical difficulty or unnecessary hardship to interpret the ordinance in harmony with its general purpose and intent, so that the public health, safety and general welfare may be secure and substantial justice done. Penalties are…