Kaplan v. Kaplan

The issue for determination was tendered by the refusal of appellant, the State.Department of Health, to produce certain documentary evidence for use in a slander action to which it is not a party. The evidence is sought in support of the defense of truth pleaded in the action.

The slander complained of included statements allegedly made by defendants, both of whom are physicians, that plaintiff, also a physician, was a narcotics addict. As relevant to their defense of truth, defendants sought the production from the department’s files of a number of narcotics prescriptions issued by plaintiff…