No. CV01-0457429 S
June 2, 2006
MEMORANDUM OF DECISION
The plaintiff has filed a motion to compel the production of the Department of Mental Hygiene guidelines/protocols distributed to residents in training. The request for the documents was directed to Lorraine D. Siggins, M.D. prior to her deposition scheduled for April 17, 2006. The notice stated, she was to produce "1. The guidelines we discussed applicable to Department of Mental Hygiene."
At the deposition Dr. Siggins was questioned regarding written materials provided at the beginning of the year to new residents. The response of the deponent referred to modifications or changes made periodically as suggested by the staff.
The defendant in opposition to this motion contends the decedent was treated from 1996 until his death on November 16, 1999 by the defendants. The deposition of Dr. Siggins occurred in 2006. During the ten-year period the defendants contend the modified guidelines which were continually updated no longer existed and the only version available is the current version which was promulgated seven years after the death of the decedent.
The plaintiff's motion to produce the guidelines requested appears to be overly broad and so uncertain as to the time or period requested by the plaintiff. The defendants rely upon the case of Berger v. Cuomo, 230 Conn. 1, 7 which states as follows:
. . . plaintiff "should describe with such details as may be reasonably available the material he seeks . . . and should not be allowed to indulge a hope that a thorough ransacking of any information and material which the defendant may possess would turn up evidence helpful to [his] case."
The request of the plaintiff is too broad and uncertain, and therefore, the plaintiff's motion to compel is denied.