Civil Procedure Multistate Bar Practice Exam

Which of the following statements best describes the Scope of Discovery?

1. Only admissible evidence can be discovered

2. All information relevant to claims and defenses is discoverable

3. Only information known to the party is relevant

4. Nothing can be discovered unless it will be used in trial

The correct answer is: All information relevant to claims and defenses is discoverable

The statement that best describes the Scope of Discovery is that all information relevant to claims and defenses is discoverable. This principle is rooted in the idea that the discovery process is intended to allow parties to gather information that could lead to admissible evidence. It promotes full disclosure and ensures that all parties can prepare adequately for trial by knowing what evidence supports or undermines their respective positions. Under the Federal Rules of Civil Procedure, the scope of discovery is typically defined by Rule 26(b), which emphasizes that parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense. This broad standard allows for the exploration of various types of information, even if it might not ultimately be admissible at trial. This comprehensive approach to discovery is crucial for promoting justice and ensuring that trials are based on a complete understanding of the facts. It empowers parties to discover information that could impact their legal strategies, regardless of its direct admissibility in court.