1) During discovery it has become clear that D was
looking the other way while driving his car. P’s lawyer thinks that D
would have admitted this allegation if it had been put in P’s
complaint. What does P’s lawyer do?
2) X was a witness to the car accident that P is suing D for. May P’s
lawyer use R. 36 to request an admission from X that D was looking the
other way during the accident? Can an insurer impleaded request an
admission from the P, or a P from a co-P?
3) The P Corp. is suing the D Corp. for violations of antitrust law.
Counsel for the P Corp. wants any documents that the X Corp. might have
concerning agreements with the D Corp. to fix the price of widgets.
What should the counsel for the P Corp. do? How would counsel for the P
Corp. get the same type of documents from the D Corp.?
4) P is suing the D Corp. for securities fraud for misrepresenting its
loan loss reserves as adequate. P’s lawyer wants to find out who at the
D Corp. knows how the loan loss reserves were determined. What does P’s
5) X was a witness to the car accident that P is suing D for. P’s
lawyer wants X to answer questions about what he saw, X refuses. Can
you serve an interrogatory upon him?
6) During a deposition, opposing counsel asks your client for
irrelevant material. What do you do? What if she asked for relevant
hearsay material that you think will be inadmissible at trial? What if
she asked for confidential communications between you and your client?