The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

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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:

Richard sues Laboratories for injuries allegedly caused by its asthma drug, Pro-Nasal. The lawsuit is brought in federal court in Arizona. Richard’s lawyer sends Laboratories a Rule 34 Request for “all documents, files and other records relating to the pre-market testing of the drug Pro-Nasal, whether in hard copy or electronic form, including e-mail and voice mail, deleted files, hard drives, laptops and other electronic devices or storage systems.” Most documents concerning the testing are in the possession of Testing Company, an independent testing laboratory in Georgia that contracts with Laboratories to test its new pharmaceutical products. Laboratories’ counsel should object to the request because

A. The records at Testing Company are in the possession of an independent company, not the defendant.
B. The records at Testing Company are not present in Arizona, and therefore are not subject to the jurisdiction of the court.
C. The request does not describe the records sought with reasonable particularity.
D. None of the listed objections is likely to be accepted by the court.

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