Multistate Bar Examination Practice Question

Under Federal Rule of Civil Procedure (FRCP) 26, discovery is generally limited to information that is relevant to a party’s claim or defense and proportional to the needs of the case. In this situation, courts often allow access to medical records directly related to issues the plaintiff has placed at the center of the lawsuit, such as medical history relevant to causation or damages. A 10-year span may be deemed excessive unless fully justified, but a narrower scope, such as 5 years, is often considered proportional to the needs of the case. Denying access outright would disregard the relevancy of potential prior medical conditions, and requiring prior evidence of relevance before approval imposes a standard inconsistent with discovery rules, which permit some investigation to uncover relevant information.