Bar Exam (US) Civil Procedure: Question below is based on the following fact situation. Paul was...

Question

Question below is based on the following fact situation.

Paul was injured while operating a drill press manufactured by Manco. Paul properly commenced an action against Manco in the appropriate U.S. District Court. Prior to trial, Paul sought discovery of a report which had been made to Manco by Brown, a claims investigator for Manco. Brown had inspected the machine and investigated the circumstances of the accident immediately thereafter. The machine was subsequently destroyed in a fire and Brown has retired (leaving no forwarding address).

In selecting the jury, the judge conducted the voir dire, but refused Manco's request that the judge ask the members of the jury panel whether any of them were prejudiced against corporations. A verdict was returned in favor of Paul for $75,000. Manco moved for a new trial. The trial judge agreed to grant a new trial, unless Paul accepted a reduction in the verdict from $75,000 to $25,000. Paul agreed to the reduction under protest. Paul then appealed. He asserted as error the trial court's order granting a new trial, unless he accepted a reduction in the verdict from $75,000 to $25,000.

Paul's request for Brown's report should be:

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Granted, because tangible items prepared in anticipation of litigation or trial are not discoverable.
  2. B
    Correct Answer
    Granted, even if prepared in anticipation of litigation or trial, provided Paul can show that there is a substantial need for the information and he is otherwise unable to obtain it without undue hardship.
  3. C
    Correct Answer
    Denied, because it was apparently prepared at Manco's request (rather than at the instigation of Manco's attorney).
  4. D
    Correct Answer
    Denied, if Manco procured the report at the suggestion of its legal counsel.
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