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Winter 2015 Bar Question 3

Civil Procedure


In March, while driving her car, Diana struck and injured Phil.

In April, Phil filed a complaint against Diana in federal district court properly alleging diversity jurisdiction and seeking damages for negligence for physical injury.

In May, Diana filed an answer denying negligence.

In June, during discovery, Diana filed a motion asking the court to order (1) a physical examination and (2) a mental examination of Phil.  Over Phil’s objection, the court ordered him to submit to both examinations.

In July, Diana served Phil with a notice to depose Laura, a physician who treated him after the accident.  Phil objected on the grounds that (1) Laura could not be deposed because she was not a party, and that (2) deposing her would violate the physician-patient privilege.  The court overruled Phil’s objections.

In September, a few weeks before trial, Phil decided to file a demand for a jury trial.  Diana immediately filed a motion to strike the demand.  The court granted Diana’s motion.

1.      Did  the  court  err  in  granting  Diana’s  motion  to  order  (a)  the  physical examination and (b) the mental examination of Phil?  Discuss.

2.     Did the court err in permitting Diana to depose Laura?  Discuss.

3.      Did the court err in granting Diana’s motion to strike Phil’s demand for a jury trial?  Discuss.


All questions © 2015 California State Bar Exam. All rights reserved


Civil Procedure
Question 3, Winter 2015

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