The defendant brought a motion for documentary production from the plaintiff prior to scheduled examinations for discovery in a motor vehicle accident claim.
The plaintiff opposed the requests on the basis of relevance, overbreadth, and the deemed undertaking rule.
The court dismissed the motion, finding it premature as the defendant failed to meet the threshold test of relevancy under Rule 31.06.
The court ordered all parties to serve sworn affidavits of documents prior to discovery.
