Discovery About Sub Rosa Investigations

A prior post discussed how to respond to requests for production that ask for any sub rosa investigation that may have occurred. The topic also came up on a May 31, 2013 hearing in A-11-647753-C.

Defts’ Motion to Delay the Production of Surveillance Video Until After Pltfs’ Depositions Have Been Conducted. Pltfs’ Opposition / Countermotion to Compel Production of Surveillance Video Colloquy re: the sub rosa surveillance to observe Pltf is work product. COMMISSIONER RECOMMENDED, Defts’ Motion to Delay the Production of Surveillance Video Until After Pltfs’ Depositions Have Been Conducted is GRANTED; Pltfs’ Countermotion to Compel Production of Surveillance Video is DENIED; the video surveillance must be PRODUCED within three business days after Pltfs sign their depositions, or three business days after the time for signing depositions expires (both Pltfs)

It is more or less consistent with the prior post.