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· 4/25/1994

Kevin F. Marchand v. Mercy Medical Center, an Idaho Corporation, and Neil K. Farris, D.O.

Citations

  • 22 F.3d 933
  • 94 Daily Journal DAR 5437
  • 28 Fed. R. Serv. 3d 771
  • 94 Cal. Daily Op. Serv. 2838
  • 1994 U.S. App. LEXIS 8436
  • 1994 WL 145070

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “[c]ounsel routinely object to discovery requests” but cautioning that “parties should not seek to evade disclosure by quibbling and objection . . . [and] should admit to the fullest extent possible, and explain why other portions of a request may not be admitted.”
  • affirming sanctions where misleading answers to requests for admission “significantly affected the cost of [plaintiffs] prosecution and contravened the goal of full discovery”
  • “[T]he true test under Rule 37(c) is not whether a party prevailed at trial but whether [the party] acted reasonably in believing that [it] might prevail.”
  • “[T]o aid in the quest for relevant information parties should not seek to evade disclosure by quibbling and objection.”
  • “A district court abuses its discretion if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of material fact.”
  • “Parties may not view requests for admission as a mere procedural exercise requiring minimally acceptable conduct. They should focus on the goal of the Rules, full and efficient discovery, not evasion and word play.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Reavley, Leavy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.