United States v. Purdome

30 F.R.D. 338
CourtDistrict Court, W.D. Missouri
DecidedMay 15, 1962
DocketNo. 12572
StatusPublished
Cited by15 cases

This text of 30 F.R.D. 338 (United States v. Purdome) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Purdome, 30 F.R.D. 338 (W.D. Mo. 1962).

Opinion

JOHN W. OLIVER, District Judge.

This is an action to enforce the alleged personal liability of defendant as a transferee of certain assets of the estate of Wolf C. Rimann, deceased. The precise question to be ruled is whether defendant’s objections to plaintiff’s interrogatories should be sustained. Defendant’s objections are overruled in this case. This opinion is published in order that the Bar of this Court will be advised of the juridical view that one of the new judges of this Court takes of the discovery devices of the Rules of Civil Procedure.

Plaintiff’s complaint alleges that the trust fund doctrine be applied and also proceeds pursuant to 31 U.S.C.A. § 192 in an effort to impose personal liability on defendant. Defendant was the administratrix c/t/a of the deceased Rimann in both a domiciliary probate administration in Missouri and was one of two ancillary probate administrators in Kansas. She was also his widow and an heir and legatee. Plaintiff alleged that defendant and her son received certain property of the estate without giving value for it. Plaintiff also alleged that defendant, as administratrix, permitted distribution of that property before paying debts owed by the estate to the United States. The debt is alleged to be deficiency assessments against the deceased Rimann for income taxes for the years 1945 and 1946, plus interest and penalties.

After answer, defendant filed a motion for preliminary hearing pursuant to Rule 12(d), 28 U.S.C.A. Judge Ridge, while still a judge of this Court, denied that motion. Defendant’s objections to plaintiff’s interrogatories were not then ruled.

Plaintiff’s interrogatories asked defendant to state the following information regarding claims paid by her as administratrix c/t/a of the estate: “(a) Amount of claim; (b) Recipient of payment. (e) Date of payment, (d) Whether claim was secured or unsecured, and if secured, indicate the form of secured transaction (such as first mortgage, deed of trust, mechanic’s lien, etc.), and date obligation arose, (e) Whether claim was paid in the domiciliary or ancillary administration. (f) Whether claim was paid in full or partially, and if partially, state the amount of the claim not paid, (g) Whether claim was paid in cash or in other form of property, and if in other property, state the property, (h) Whether claim arose from funeral expenses, or expenses of administration of the estate.”

Defendant filed what must be considered as general objections to each of the subparagraphs, asserting that the interrogatories (1) were premature, (2) sought information already known to plaintiff or easily obtainable from records equally available to both parties; (3) were improper because they required defendant to draw a legal conclusion as to which items were “claims paid” and whether a claim was “secured” or “unsecured”; (4) were improper because they sought data and information not readily within the knowledge of the defendant and would therefore require research and compilation of data and information not readily known to defendant; (5) were improper “because they would impose an undue burden of labor and expense upon defendant”; (6) were improper interrogatories because they want to impose upon defendant “the burden of proving plaintiff’s case”; and (7) were improper because they are not relevant to the issues raised by the complaint.

The Rules of Civil Procedure cover each step in litigation from beginning to end. Each separate rule is related to the general plan of the others and must be so construed. Notice pleading, for [340]*340example, makes no sense unless considered in relation to the broad philosophy of full disclosure upon which the rationale of the whole and integrated plan of procedure rests. Rules 21 to 37, relating to discovery, represented a significant innovation in federal practice at the time of the promulgation of the new procedural system.

Hickman v. Taylor, 329 U.S. 495, 501, 67 S.Ct. 385, 388, 91 L.Ed. 451 (1945), held that the various instruments of discovery contained in those particular rules serve “(1) as a device, along with the pre-trial hearing under Rule 16, to narrow and clarify the basic issues between the parties, and (2) as a device for ascertaining the facts, or information as to the existence or whereabouts of facts, relative to those issues.”

That case emphasized that “civil trials in the federal courts no longer need be carried on in the dark” (1. c. 501, 67 S.Ct. at 389); that “the deposition-discovery rules are to be accorded a broad and liberal treatment” (1. c. 507, 67 S.Ct. 392); and that “no longer can the time-honored cry of ‘fishing expedition’ serve to preclude a party from inquiring into the facts underlying his opponent’s case” (1. c. 507, 67 S.Ct. at 392).

Of course, Hickman and the Rules recognize that there are ultimate and necessary boundaries to discovery, but the spirit and philosophy of the Rules as a whole are geared to the idea that broad pretrial discovery advances the administration of justice in the federal courts.

When discussion is narrowed to Rule 33 as a part of the whole of the discovery process, Judge Holtzoff’s statement in Aktiebolaget Vargos et al. v. Clark, 8 F.R.D. 635, 636 (D.C.D.C., 1949), has been accepted and applied by the judges of this Court. We agree with them and with Judge Holtzoff when he stated “in the Federal courts interrogatories serve two distinct purposes: First, to ascertain facts and to procure evidence, or secure information as to where pertinent evidence exists and can be obtained; second, to narrow the issues. These two functions of interrogatories are distinct and separate.”

The second function is as important as the first. We also agree with Judge Holtzoif’s amplification of that function. He stated “the second function may be attained by exacting admissions or obtaining commitments as to the position that an adverse party takes as to issues of fact, but not as to issues of law.”

And we further agree that “the utmost liberality should prevail in allowing a wide scope to the legitimate use of interrogatories. This course is in the interest of a fair trial, eliminating surprise and achieving substantial justice.”

Judge Holtzoff made clear that “interrogatories are not to be used in an oppressive manner” and his recognition of the inherent limitations likewise has been applied by the judges of this Court. See, for example, Judge Reeves’ decision in Onofrio v. American Beauty Macaroni Co., 11 F.R.D. 181 (D.C., Mo. 1951), a case frequently cited by counsel in support of objections to interrogatories. But application of the protective device of Rule 30(b) has been, and will continue to be, the exceptional situation in this Court. Judge Ridge, in Tinker & Rasor v. Pipeline Inspection Co., 16 F.R.D. 465, 466 (and in many other cases) made clear that “the interrogatory procedure of Rule 33, Fed.Rules Civ. Proc. 28 U.S.C.A. can be a great aid to the Court and to the parties in narrowing the issues at pre-trial and advising each party prior thereto of the exact" claims upon which his opponent intends to stand at the trial on the merits. Accordingly, objections that the questions put are not purely factual should be critically examined and answer thereto required, if an answer would tend to aid in narrowing the issues.”

In regard to an objection not unlike some involved in this case, Judge Ridge [341]

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Bluebook (online)
30 F.R.D. 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-purdome-mowd-1962.