In a personal injury action arising from a motor vehicle collision, the plaintiffs brought a motion after the matter had been set down for trial seeking a sworn affidavit of documents, production of surveillance materials, particulars regarding surveillance activities, and related disclosure orders.
The court considered the interaction between Rule 48.04 of the Rules of Civil Procedure and the mandatory disclosure obligations under Rule 30.03.
It held that leave was not required to compel service of a sworn affidavit of documents or to seek production of surveillance materials under Rule 30.04(5), though leave was required for certain discovery-related requests.
The court further held that disclosure of two surveillance reports constituted an implied waiver of litigation privilege over a third report relating to the same surveillance subject matter.
Orders were made requiring service of a sworn affidavit of documents, production of existing surveillance materials, and provision of specified surveillance particulars, while requests for future surveillance disclosure and foundational investigative materials were dismissed.
