Under UCPR Rule 5.3, what is required for an applicant to obtain discovery of documents from a prospective defendant?

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To obtain discovery of documents from a prospective defendant under UCPR Rule 5.3, the applicant must demonstrate evidence of reasonable inquiries about that defendant. This means that the court requires the applicant to show that they have made sufficient efforts to gather information regarding the prospective defendant's involvement in the matter before proceeding with a request for discovery.

This requirement serves to ensure that the applicant's request for discovery is not made frivolously and is based on a certain level of effort to understand the situation surrounding the defendant's potential liability or relevance to the claim. As a result, establishing this reasonable inquiry helps to define the context and basis for the discovery, making it more likely for a court to grant the request.

In contrast, simply proving the defendant's wrongdoing, having a court-approved settlement, or relying on previously reviewed documents does not align with the procedural requirements set out in UCPR Rule 5.3. These alternatives do not fulfill the necessary condition of demonstrating that reasonable inquiries have been conducted, which is essential to justify the demand for producing documents related to the prospective defendant.

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