In a defamation action arising from letters published in a newspaper criticizing veterinary services, the defendants brought a motion seeking production of additional documents before examinations for discovery.
The court considered the relevance and proportionality of the requested records under the Rules of Civil Procedure.
It ordered production of appointment records for the key date, client files relating to 33 clients allegedly lost due to the publication, and financial and client records underlying the plaintiffs’ damages expert report.
Requests for predecessor financial records and a mailing list were denied as premature or irrelevant.
The court rejected claims of confidentiality over client records due to lack of evidence establishing privilege and ordered the plaintiffs to serve a fresh affidavit of documents and proceed under a litigation timetable.