Maynard v. Heeren

[¶22.] How much of one’s innermost secrets must be exposed when mental and emotional state become an issue in a lawsuit? In ordering virtually unlimited access to all records, I believe the circuit court abused its discretion by failing to oversee a process of allowing pertinent disclosure. Now the majority endorses the error by announcing a rule of “absolute” access to a patient’s psychotherapy records. While I generally concur with the Court’s analysis of privilege waiver under SDCL 19-2-3 and 19-13-11, I wholly disagree with its inadequate treatment of what becomes discoverable following…