The plaintiffs brought a motion under Rule 30.04(5) of the Rules of Civil Procedure seeking early production of documents held by a municipal employer relating to a complaint and investigation that allegedly led to the plaintiff’s employment termination.
The documents were said to be necessary to properly plead claims including defamation and negligent investigation.
The municipality resisted production prior to the close of pleadings while also indicating an intention to bring a Rule 21 motion to strike the claim.
The court held that the requested documents were essential to allow the plaintiffs to properly plead their causes of action and respond to a demand for particulars.
Early production was ordered to ensure fairness and avoid prejudice where the responding party controlled the key documents.
