State Ex Rel. Whitacre v. Ladd

SNYDER, Presiding Judge.

This original prohibition proceeding presents the question whether a deposition subpoena duces tecum issued to a witness and commanding the production of documents to be used only for impeachment purposes at trial should be quashed. The trial judge denied a motion to quash the subpoena and ordered the production of the documents. We issued our preliminary writ in prohibition which we now make absolute.

Plaintiffs below, Corene and David Mitchell, filed suit against relator Mitchell Whitacre for damages arising out of a motor vehicle accident. Plaintiff Corene Mitchell…