What must a party demonstrate to the court for preliminary discovery under UCPR Rule 5.2?

For preliminary discovery under UCPR Rule 5.2, a party must demonstrate to the court that there is evidence of a cause of action against a defendant. This requirement is essential because the court needs to establish that there is a valid legal basis for the request for discovery before it will compel the defendant to disclose information or documents. The focus here is on the existence of a genuine claim that warrants the assistance of the court in obtaining relevant evidence that is otherwise not accessible to the party seeking discovery.

The rationale behind this requirement is to ensure that the court's resources are allocated efficiently and that discovery is not granted merely on speculative grounds or for the purpose of fishing for information without a substantiated claim. By demonstrating a clear cause of action, the party not only justifies their need for the discovery but also lays the foundation for proceeding with their legal action if the requisite evidence is obtained.