› Apparent relevance distinguished from discovery relevance
Procedure
› Subpoenas
› Fishing expedition
Quick Take
1While the relevance threshold for inspection of subpoenaed documents ('apparent relevance') is broader than the direct relevance test applicable to discovery, relevance must still be assessed against the pleaded case, and a party must identify expressly and precisely the legitimate forensic purpose for which access is sought.
2Post-death banking records concerning a mortgage facility do not acquire apparent relevance merely because the applicant seeks consequential relief affecting that mortgage; such remedies depend on proof of the pleaded wrongdoing, and where the existence and replacement of the mortgage are not in dispute, no issue is joined that the documents could illuminate.
3A speculative assertion that documents may contain statements relevant to a party's credit, without an identified foundation connecting the documents to specific inconsistencies in evidence, amounts to a fishing expedition and does not establish a legitimate forensic purpose.
