Miracle Contractors, Inc. v. United States

This case comes to us on defendant’s motion to dismiss plaintiffs’ petition under Rule 36. Rule 36 is designed to help a person who has a claim, but who cannot without court-ordered discovery "state his case with the requisite particularity” demanded by Rule 35 in a normal petition.1 *787Because of the inefficiency of this procedure, it is to be used only when necessary. Consequently, a Rule 36 petition must contain three elements: the petition must expressly specify Rule 36, the plaintiff must have made application for and been unsuccessful in obtaining the documents he requires, and, most…