Seller made clear to Buyer that the grommets would be used in marine environments and thus would need to be made entirely from non-ferrous metal alloys to resist corrosion. Buyer began using Sellers grommets in the covers, but was dissatisfied with their corrosion resistance. Buyer sued Seller in the appropriate federal court for breach of warranty. MMI informed Seller's attorney that the alloy was not entirely non-ferrous. State whether the grommets were made of entirely non-ferrous metal alloys.
Seller refuses to answer the interrogatory.
The interrogatory is not proper because it calls for hearsay and thus matter that is inadmissible in evidence. The interrogatory is not proper because the attorney learned the composition of the alloy in anticipation of litigation. The interrogatory is proper only if Buyer can show substantial need for the information and inability to obtain it from any other source. In that case, the court must still take steps to protect the attorney's mental impressions, conclusions and opinions. The interrogatory is proper because it does not call for material protected by the work product privilege.