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GOVT 407 Discovery Quiz Week 6-Undergraduate Civil Procedure with 100- correct answers.
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GOVT 407 Discovery Quiz Week 6-Undergraduate Civil Procedure with 100- correct answers.
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GOVT 407: Discovery QuizWeek 6-Undergraduate Civil
Procedure with 100% correct
answers
Liebling was injured using a pair of electric hedge clippers manufactured
by the Miller Manufacturing Company. He sues Miller, alleging that it
negligently designed the hedge clippers by leaving a bare wire inside that
caused an electric shock. During discovery, he sends a Rule 34 request for
production of documents that includes a request for all written warnings
provided with the clippers concerning risks that the clippers posed to
users. Miller objects to this request on the ground that it is relevant to a
failure to warn theory, and Liebling has only pleaded a different theory,
that the hedge clippers were negligently designed. Is the objection valid?
No, even though the documents are not relevant to the negligence claim,
they would be discoverable under 26(b)(1) " subject matter involved in the
pending action." Liebling may be asking for this just to see the factual
support for adding the failure to warn claim, because pleading that claim
initially, without factual support may lead to rule 11 sanctions.
When Liebling files suit, Miller responds by filing a motion to dismiss
under 12(b)(2)-lack of PJ.
a. Liebling sends interrogatories to Miller inquiring about business
contacts with the forum state and the manner in which the offending
clippers entered the state. Must Miller answer the interrogatories?
YES, Miller must answer these interrogatories.
Explained:
Liebling's interrogatories pertain to the court's jurisdiction and not the
actual personal injury claim or any defense against it. However, one could
argue that the information is relevant to Miller's jurisdictional defense and
falls under Rule 26(b)(1) discovery. The question of jurisdiction is critical
to the court's ability to address Liebling's claim, and he has the right to
obtain jurisdictional facts to support his case. Consequently, courts
recognize that jurisdictional issues are within the scope of discovery under
Rule 26(b)(1). A case in point is Commissariat A L' Energie Atomique v. Chi
Mei Optoelectronics Corp., where the jurisdictional discovery was granted
under amended Rule 26(b)(1). This view is supported by Moore's, § 26.45.
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