Post Process

Everything to do with E-discovery & ESI

Case Blurb: Cafe Asia; Court Links Discoverability to Admissibility in certain circumstances

Posted by rjbiii on October 6, 2007

Defendant rightly notes that the scope of discovery under Rule 26 of the Federal Rules of Civil Procedure is broad. See, e.g., Friedman v. Bache Halsey Stuart Shields, Inc., 738 F.2d 1336, 1348-49 (D.C. Cir. 1984) (noting the “broad sweep” of Rule 26(b)(1) in allowing discovery of relevant material). Even if this broad scope were to shine a light of relevancy on the images, however, relevancy alone does not entitle a requesting party to carte blanche in discovery. See Crawford-El v. Britton, 523 U.S. 574, 598 (1998) (“Rule 26 vests the trial judge with broad discretion to tailor discovery narrowly.”). As with most things in life, Rule 26 is not an all-or-nothing proposition.

One important constraint is the admissibility of the discovery being sought. Defendant asserts that the images, if relevant, are discoverable under Rule 26 even if inadmissible at trial. This holds true, however, only if the images “appear[] reasonably calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P. 26(b)(1). See also Tequila Centinela, S.A. de C.V. v. Bacardi & Co. Ltd., 242 F.R.D. 1, 6 (D.D.C. 2007) “discovery of matters not ‘reasonably calculated to lead to the discovery of admissible evidence’ are not within the scope of discovery.”).

To the extent that defendant aims to use the graphic content of the images to establish plaintiff’s “own standards of behavior,” Mot. to Compel at 1 (emphasis in original), the images themselves are the “end game” of the discovery request. As such, the question of discoverability is inseparable from admissibility, and a determination is necessary of whether, under Federal Rules of Evidence 403 and 412(b)(2), the probative value of the images substantially outweighs their prejudice.

Smith v. Café Asia, 2007 U.S. Dist. LEXIS 73071 (D.D.C. Oct. 2, 2007) (courtesy of the Electronic Discovery Blog and Lexis Nexis).

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