Legal Opinion
Almaguer v. Chicago, Rock Island & Pacific Railroad
District Court, D. Nebraska
Decided May 19, 1972No. Civ. 03563PublishedCited by 53 opinions
1Opinion of the Court
MEMORANDUM AND ORDER RE PRODUCTION OF STATEMENT
URBOM, Chief Judge.
The issue before the court is whether a statement of a witness, taken by the defendant’s claim agent shortly after an accident in which the plaintiff was injured, should be ordered to be produced *148under the 1970 amendment of Rule 34 of the Federal Rules of Civil Procedure.
By virtue of Rules 34 and 26(b) (1) and (3), the statement of a witness who is not a party may be obtained by discovery, if it is merely relevant to the subject matter involved in the pending action and is not privileged, unless the statement was taken “in…
2Cases cited8 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Schlagenhauf v. HolderSupreme Court of the United States · 1965
- Guilford National Bank v. Southern Railway Co.Court of Appeals for the Fourth Circuit · 1962
- Richard Hauger v. Chicago, Rock Island & Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1954
- Mitchell v. BassCourt of Appeals for the Eighth Circuit · 1958
3 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- National Tank Co. v. BrothertonTexas Supreme Court · 1993
- Brown v. Superior Court in & for Maricopa Cy.Arizona Supreme Court · 1983
- United States v. American Telephone & Telegraph Co.District Court, District of Columbia · 1979
- Langdon v. ChampionAlaska Supreme Court · 1988
- Jones v. Illinois Central RailroadCourt of Appeals for the Sixth Circuit · 2010
48 more not listed; retrieve them via the Exa API.