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Source Class Actions Complete Civil Procedure List Showing the closest available flashcard practice.

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0 tracked cards Civil Procedure

A plaintiff sued a manufacturer in federal court, alleging that a bicycle helmet was defectively designed. The plaintiff requested every email sent by any employee during the past 10 years containing the word "helmet," including emails to in-house counsel. The manufacturer objected that the request was overbroad, burdensome, and privileged, and offered to produce nonprivileged engineering emails from the three-year period before the plaintiff's helmet was sold. The plaintiff moved to compel the entire request.
How should the court most likely rule?

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Order the plaintiff to wait until after summary judgment because merits discovery is unavailable before dispositive motions are decided. Order production only if the plaintiff first proves that the requested emails will establish liability at trial. Deny the motion in full because the requested emails include inadmissible hearsay and discovery is limited to admissible evidence. Require a narrowed production of nonprivileged emails tied to the pleaded design-defect issues, relevant custodians, and a reasonable time period, while allowing specific privilege and work-product claims to be logged.

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