Which statement correctly describes the governing law for the relevance of discovery in federal practice?

Which statement correctly describes the governing law for the relevance of discovery in federal practice?

• A. State law governs relevance in federal discovery for all cases
• B. Federal common law for all discovery relevance
• C. Federal common law for FQ; state law for DJ or SJ
• D. California rules govern relevance in federal courts

Answer: (C)

The key idea is how discovery relevance is determined in federal court depending on the nature of the case. When the claim arises under federal law (a federal-question case), the federal system uses federal common law to govern what discovery is relevant. That gives a uniform standard across the federal courts. But when the case is based on state law, such as in diversity jurisdiction or when only state-law claims are involved, the Erie doctrine tells us that state law governs matters like discovery relevance. In those situations, the court applies the relevant state discovery rules to decide what is considered relevant. So, in federal-question cases, the governing relevance rule comes from federal common law. In diversity cases (or when state-law claims predominate), state law governs.

The key idea is how discovery relevance is determined in federal court depending on the nature of the case. When the claim arises under federal law (a federal-question case), the federal system uses federal common law to govern what discovery is relevant. That gives a uniform standard across the federal courts. But when the case is based on state law, such as in diversity jurisdiction or when only state-law claims are involved, the Erie doctrine tells us that state law governs matters like discovery relevance. In those situations, the court applies the relevant state discovery rules to decide what is considered relevant.

So, in federal-question cases, the governing relevance rule comes from federal common law. In diversity cases (or when state-law claims predominate), state law governs.