In the trial court this action was brought against Petitioner to recover on a note executed by Petitioner to the Plaintiff therein. Petitioner’s amended answer admitted execution of the note, but denied consideration for same and alleged fraud on the part of the Plaintiff in connection therewith, resulting in loss of business and credit reputation to Petitioner. Subsequently, the Plaintiff moved for production of documents under
Upon hearing on the Plaintiff’s discovery motion, by way of showing cause for the discovery requested, the Plaintiff contended that it needed disclosure of the corporate records in order to effectively counter Petitioner’s denial of consideration and allegation of fraud. Under the Car-man case, what constitutes good cause depends on the circumstances in each case. Also under Carman, the subject matter of the discovery order must be “relevant” to the issues of the case. We specifically find no depositions, affidavits, interrogato-ies or other evidence produced with the motion that tend to show good cause for discovery of nor relevancy of the extremely broad corporate information the Respondent has ordered discovery of. If the Plaintiff had more specifically shown that it needed disclosure of some specific aspect of the Petitioner’s corporate records to prove or disprove some specific issue relevant to the case, or lead to some evidence which might tend to do so, discovery of that particular aspect might have been appropriate under the holding of Carman v. Fishel, supra. The record discloses no such showing, and we therefore hold that the Respondent abused its discretion in ordering disclosure of all corporate records, minutes and books of Jones Packing Company, Inc.
Regarding that part of the order of the trial court requiring disclosure of Federal and State tax returns, this court held in the case of Matchen v. McGahey, Okl.,
Writ granted.
