What criterion must be met for non-party discovery under UCPR Rule 5.4?

To effectively pursue non-party discovery under UCPR Rule 5.4, the primary criterion that needs to be satisfied is that the document must relate to the case at hand. This means that the documents sought from a non-party must be pertinent and relevant to the issues being litigated in the case. The rationale behind this requirement is to ensure that the discovery process remains focused and efficient, obtaining materials that can genuinely contribute to resolving the matters before the court.

This criterion emphasizes the importance of relevance in civil proceedings. By requiring the documents to relate directly to the case, the court aims to avoid unnecessary burdens on non-parties and to ensure that their participation in the discovery process is justifiable and relevant to the litigation at hand. Such relevance is essential for maintaining the integrity of the discovery process and for supporting the fair administration of justice.

In contrast, options that suggest requiring consent from the non-party, previous serving of documents in court, or familial relations to one of the parties do not align with the core principles of the UCPR rule. These options would not fully comply with the established aims of ensuring relevant and appropriate discovery while protecting non-parties from undue obligations.