Harmon v. Mercy Hospital

Because NDRCivP 27(a) is a discovery rule and authorizes pre-complaint discovery, I respectfully dissent.

Rule 27 is positioned in the discovery part of the civil rules of procedure. Rule 27(a)(3) cross-refers to explicit discovery rules: “The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 34 and 35.” Rule 26(a) diagrams the range of discovery authorized in this part of the rules:

Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions ...; production of documents or…