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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:
Robert sues Motor Company for injuries suffered in an accident involving his Motor Company sports car. He also sues Durant, the driver of another car involved in the accident. Motor Company includes in its answer an allegation that Robert was negligent because he had been drinking before the accident. Durant defends on the ground that he was not negligent. Durant does not raise Robert’s negligence as an affirmative defense. Durant sends an interrogatory to Robert asking if he had been drinking before the accident and if so how many drinks he had had.
A. Durant’s interrogatory is proper and Robert must answer it.
B. Robert may object on the ground that the information is beyond the scope of discovery, because Durant has not pleaded negligence from Robert.
C. Robert may object on the basis of the attorney/client privilege if he had revealed to counsel in confidence that he had been drinking before the accident.
D. Robert’s counsel could object on the basis of the work product doctrine, if Robert had given his counsel a statement admitting that he had been drinking before the accident.
Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.
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