PRACTICE AND PROCEDURE-SCOPE OF COURT RULES ALLOWING DISCOVERY

Authors

Abstract

The declaration alleged that plaintiff's intestate, a tenant of the defendant, sustained fatal injuries from a fall on the grounds of the apartment house, caused by defendant's negligence with respect to the care of the premises. The action was begun one day before the statute of limitations would have run. Defendant gave notice that under Court Rule 41 she would examine the plaintiff as to the particulars of the event which constituted the cause of action. Plaintiff filed a motion to set aside this order, alleging that defendant's rights under the above rule were limited to discovery as to affirmative defenses only. Held, that the scope of the rules includes the right to examination as to the specific claims of the plaintiff, as well as to affirmative defenses. Vincent v. Van Blooys, 263 Mich. 312, 248 N. W. 633 (1933).

Recommended Citation

PRACTICE AND PROCEDURE-SCOPE OF COURT RULES ALLOWING DISCOVERY, 33 Mich. L. Rev. 134 (1934).
Available at: https://repository.law.umich.edu/mlr/vol33/iss1/18