Paralegal Certification PrepLegal Terminology and ConceptsHard
A paralegal is assisting with the discovery phase of a personal injury lawsuit. The attorney emphasizes that while certain information might be relevant to the case, it must still be discoverable under the rules of civil procedure. The paralegal knows that information is generally discoverable if it is relevant to any party's claim or defense and is proportional to the needs of the case. However, what is the key characteristic of discoverable information that means it does NOT have to be admissible as evidence at trial?
- AIt is directly related to a federal question.
- BIt is stipulated by all parties involved.
- CIt is reasonably calculated to lead to the discovery of admissible evidence.
- DIt is not privileged.
Show answer & explanationAnswer & explanation
Correct answer: C. It is reasonably calculated to lead to the discovery of admissible evidence.
Under the Federal Rules of Civil Procedure (and most state rules), information is discoverable even if it is not admissible at trial, as long as it 'appears reasonably calculated to lead to the discovery of admissible evidence.' This broadens the scope of what can be sought during discovery.
Why the other options are wrong
- A. Relevance to a federal question relates to subject-matter jurisdiction, not the general discoverability standard for all civil cases.
- B. Stipulations certainly make information discoverable and often admissible, but this is a specific agreement, not the general rule for discoverability of otherwise inadmissible information.
- D. While discoverable information must not be privileged, this isn't the characteristic that allows it to be *inadmissible* itself but still discoverable.
Scope of Discovery (FRCP)
The boundaries defining what information can be requested during the discovery phase of litigation, which is generally broader than what is admissible at trial.
- Relevant to claims/defenses
- Proportional to case needs
- NOT privileged
- Need not be admissible if 'reasonably calculated to lead to admissible evidence'
Memory trick: Discovery's Scope: 'RAPP' - Relevant, Admissible-leading, Proportional, Not-Privileged.