Essay 4044 Flashcards
Erie doctrine
Under the Erie doctrine, a U.S. district court must apply the substantive law of the state in which it is located, and the procedural rules of the Federal Rules of Civil Procedure (“FRCP”).
If P brings a state law claim in federal court based on diversity of citizenship and not a federal question, then the state law pertaining to negligence will supply the rule of decision.
[However, discovery rules are generally considered procedural in nature, and thus federal rules would apply.]
Discovery Scope
a Physical examination
b Mental examination.
Discovery Scope
[identify each piece of evidence and refer to the discovery scope rule for each]
Discovery is generally permitted with regard to any matter relevant to any party’s claim or defense in the action that is not otherwise privileged. Admissibility of the evidence at trial does not matter for determining relevance for purposes of discovery since information may be discoverable if it appears reasonably calculated to lead to the discovery of admissible evidence.
[explain why the evidence is (or is not) relevant to the party’s claim based on the facts connected to a (a) physical examination or (b) mental examination]
(a) Physical exam - discovery scope
A party may seek to have the other party submit to an independent physical examination when that alleged injured party’s physical condition is in controversy. An order for a physical exam may be made only upon motion, for good cause shown, and the person to be examined and all parties must be given prior notice specifying the time, place, conditions, scope of the examination, and the identity of the examiner.
(b) Mental exam - discovery scope
A party may seek to have the other party submit to an independent mental examination when that alleged injured party’s mental condition is in controversy. An order for a mental exam may be made only upon motion, for good cause shown, and the person to be examined and all parties must be given prior notice specifying the time, place, conditions, and scope of the examination and the identity of the examiner.
Deposition of a non-party
Under FRCP Rule 30, a party may take the deposition of any party or non-party witness at any time after the party has made its mandatory initial disclosures pursuant to Rule 26(a). To compel the deposition of a non-party, a subpoena must be served.
Physician-Patient Privilege
Physician-Patient Privilege
The FRCP does not recognize a physician-patient privilege. Further, although there is no common law privilege covering statements made by a patient to a doctor, many states protect such communications by statute, so long as the communications were made for the purpose of obtaining medical treatment. However, the privilege is waived if the patient’s physical condition is at issue or if a case is brought in federal court and state law does not apply. Further, pursuant to FRE 501, in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.
Right to a Jury Trial
Right to Jury Trial
The Seventh Amendment provides for the right to a jury trial in federal court in all “suits of common law” where the amount in controversy exceeds $20. The right extends to legal issues, but not equitable issues. If the same case involves both legal and equitable issues, the legal claims are normally tried first before the jury, and then the equitable claims are determined by the court.
Timing for a Demand for a Jury Trial
Timing for a Demand for a Jury Trial
Under Rule 38(b), any party may make a demand for a trial by jury. The demand must be in writing and served within 14 days after service of the last pleading directed to the issue that is sought to be tried by the jury, or else risk waiver of a jury trial.
