In a motor vehicle collision action involving a police officer driver, co-defendants sought an order compelling a police officer witness to re-attend for cross-examination and to answer previously refused questions regarding internal police review reports assessing fault and potential charges.
The dispute concerned whether undisclosed internal police “tracking reports” prepared by senior officers reviewing the collision investigation were relevant and producible under Rule 30.02(1) of the Rules of Civil Procedure.
The court held that relevance in discovery is broadly construed and that the senior officers’ assessments of fault formed part of the investigative process relating directly to the issue of liability.
The fact that the officer involved was not charged did not render the internal reports irrelevant.
The motion was granted and the police defendants were ordered to disclose the tracking report and permit further cross‑examination.
