Opinion

Lucas v. District Court

  • 140 Colo. 510
  • 345 P.2d 1064
Court
Supreme Court of Colorado
Filed
Nov 16, 1959
Status
Published
Author
Frantz
On the bench
Doyle, Frantz, Sutton, Hall
Cited by
48 cases

Colorado Rules of Civil Procedure patterned after the federal rules

How later courts described this case

  • Colorado Rules of Civil Procedure patterned after the federal rules
  • Colorado Rules of Civil *1300 Procedure patterned after the federal rules

Written by the judges who cited it.

The opinion

Mr. Justice Frantz

specially concurring:

Rule 26 (b) is as follows:

“Unless otherwise ordered by the court as provided by rule 30 (b) or (d), the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence.” (Emphasis supplied.)

I believe stress should be placed upon that portion of the rule which provides for examination on any relevant *527 matter relating to the claim or defense of any other party as well as the claim or defense of the examining party. It furnishes the plumb-line for testing the asserted right to interrogate concerning the existence, and amount, of insurance.

Immediately an assured is involved in an accident covered by his insurance policy, he has in effect a claim against the insurance company. When the assured becomes party to a suit, the party examining him has the right, under Rule 26 (b), to interrogate him concerning his claim against the insurance company.

Thus, believing that the rule provides for an examination in the manner sought here, I specially concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.