CIVIL PROCEDURE — Subpoenas — legitimate forensic purpose — abuse of process — notice of motion to set aside — “apparent relevance” — reasonable basis for supposing that material will likely add “in some way or another” to the relevant evidence in the case — Held: Motion to set aside subpoenas dismissed
Quick Take
1A subpoena possesses a legitimate forensic purpose where there is a reasonable basis beyond speculation for supposing the material sought will likely add 'in some way or another' to the relevant evidence in the case, including material bearing on psychiatric causation or credibility, even if the documents may ultimately prove inadmissible at hearing.
2Where a plaintiff's own disclosures to treating practitioners and experts identify historical events — such as interactions with police — as significant in their psychiatric history, a defendant disputing psychiatric causation has a sufficient forensic basis to subpoena records of those events from third parties, and such subpoenas are not properly characterised as impermissible fishing or a substitute for discovery.
3The breadth of a subpoena does not of itself establish abuse of process; breadth must be assessed against the forensic issue to which the subpoena is directed and the practical circumstances, including whether the producing party has objected or claimed oppression.
