· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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