Citation. 1998 U.S. Dist. 4618.
Brief Fact Summary. Defendant Rigby, in litigation rising out of an automobile accident, made certain discovery requests from two medical groups of the doctors that provided medical treatment to the Plaintiffs in the accident. In response, both medical groups sought a protective order ruling that the information was not discoverable
Synopsis of Rule of Law. The rules of discovery are to be construed liberally, such that discovery reasonably calculated to lead to evidence relevant to trial is discoverable.
Facts. Defendant involved in an automobile accident, made certain discovery requests from two medical groups of the doctors that provided medical treatment to the plaintiffs in the accident. He asked for numerous documents, essentially every record they doctors had of their involvement in litigation since 1992. Both medical groups moved the court for a protective order prohibiting the defendant from discovering the information requested pertaining to their involvement in litigation on grounds that it was not relevant to the lawsuit, is privileged, and that the request was overly burdensome. The Magistrate ruled that most of the information was discoverable, and this appeal followed.
Issue. What is the scope of discovery in a civil proceeding?