Boyd v. Wrisley

KENT, Chief Judge, and FOX, District Judge.

During pretrials conducted in this case on June 7, 1963 and October 15, 1962, the parties took conflicting positions as to the scope and meaning of the physician-patient privilege, when viewed in light of the discovery procedures declared by the Federal Rules of Civil Procedure.

Discovery under the Rules is limited to any matter “not privileged.” Rule 26(b). The same limitation resides in Rule 34 relating to the discovery of documents. The basic meaning of this phrase has been stated by the Supreme Court in United States v. Reynolds, 345 U.S. 1, at…