The plaintiff brought a Rule 30.10 motion seeking production of portions of a Special Investigations Unit investigation file arising from a motor vehicle collision involving a police vehicle.
Relevance of the requested materials was conceded, but the Attorney General on behalf of the SIU opposed disclosure on the basis of witness confidentiality and the exceptional nature of non-party production.
The court reviewed the sealed SIU materials and applied the fairness test under Rule 30.10, balancing confidentiality interests against the plaintiff’s ability to fairly prepare for trial on the contested issue of liability.
Because the police materials already produced to the plaintiff were heavily redacted and prevented effective investigation and contact with a key civilian witness, the court found it would be unfair for the plaintiff to proceed without certain SIU documents.
The court ordered production of specific investigator summaries and notes relating to officer witnesses and one civilian witness but declined to order production of audio recordings and other investigative materials.
