Civil Procedure Keyed to Coundback
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A large sign fell from the ceiling of a department store and hit one of the store’s customers, causing her severe injuries. A few months later, the customer filed a civil action against the store, seeking to recover compensatory damages. The store’s attorney subsequently visited the store, inspected the area where the accident occurred, and interviewed all the employees who were in the store on the day of the accident or who might have information about the accident or its cause. The attorney recorded all the interviews electronically. The customer served on the store a request for production of documents seeking production of all documents, recordings, or other tangible things in any way related to the accident. The store believes that the recordings are protected by the attorney-client privilege, since they contain dialogue between the store’s attorney and the store’s employees.
How should the store respond?CorrectIncorrect
A motorcyclist filed a negligence action against a van driver in federal district court, seeking compensatory damages for a traffic accident involving the parties. In a deposition of the driver, the motorcyclist’s attorney asked the driver the following question: “Did you tell your attorney that the accident that is the subject of this lawsuit was your fault?” The driver refused to answer the question on advice of counsel. The motorcyclist now seeks an order compelling the driver to answer the question.
Should the court order the driver to answer the question?CorrectIncorrect
A windstorm blew down a light in the parking lot of a grocery store, hitting one of the store’s customers. The customer filed a civil action against the store seeking compensatory damages, alleging that the store negligently maintained the light. After the action was filed, the store’s lawyer visited the store and spoke with one of the store’s clerks who saw the light fall. The lawyer asked the clerk to write out in his own words and handwriting exactly what he saw, and the clerk did so. The lawyer then asked the clerk a number of questions about the incident and wrote his own notes in the margins of the statement written by the clerk. Unfortunately, the clerk died in an unrelated car accident two weeks later. The customer’s lawyer served a document request on the store seeking all documents relating in any way to the accident. In response, the store described the written statement prepared by the clerk but refused to produce it. The customer filed a motion asking the court to compel the store to produce the statement.
How should the court rule?CorrectIncorrect
After a single vehicle accident, the passenger filed a negligence action in federal district court against the driver to recover for a whiplash injury allegedly suffered in the accident. On the advice of his attorney, the passenger consulted and retained five physicians in search of one who would serve as an expert witness on his behalf at trial. Four of the physicians determined that the passenger had suffered no injury. Obviously, the passenger does not intend to use those four physicians as witnesses at trial.
May the driver obtain in discovery the opinions of the four physicians whom the passenger does not intend to have testify at trial?CorrectIncorrect
A contractor filed a breach of contract action against a supplier in federal district court, seeking compensatory damages. The contractor does not seek, and under applicable law cannot recover, punitive damages. The supplier admits the existence of the contract but denies breach. The contractor served on the supplier an interrogatory asking the supplier to state his net worth.
Assuming the supplier objects to the interrogatory and the contractor files a motion to compel an answer, will the court require the supplier to answer?CorrectIncorrect