The defendant in a motor vehicle accident claim brought a motion for production of police and Ministry of the Attorney General files relating to withdrawn criminal charges against the plaintiff for possession of stolen property and fraud.
The action had already been set down for trial.
The court denied leave under Rule 48.04, finding no substantial and unexpected change in circumstances, as the charges were discoverable long before the trial record was filed.
The court also held that the motion would fail under Rule 30.10 because the criminal files were not relevant to the civil action and there was no unfairness in the extensive discovery already conducted.
