On a pre-trial discovery motion arising from a civil action for injuries sustained in a shooting at the defendant's residence, the moving defendant sought answers to refusals, undertakings, a further discovery, and production of videogame consoles and passwords.
The court applied the stricter relevance standard under Rule 31.06 and ordered production of the plaintiff's game consoles, related passwords, and answers to questions about videogame use, finding that the information could be relevant to damages and cross-examination of psychological experts.
The court refused to compel answers about the plaintiff's alcohol and marijuana use at his own home and about an unrelated 2006 stabbing, holding those matters were not relevant to the pleaded issues.
The court also required the plaintiff to answer a question about the gun at the defendant's residence and required the plaintiff's father to answer limited questions about his own use of the consoles, but not about the plaintiff's upbringing or prior issues with gangs, alcohol, or drugs.
