Can my former boss legally allow me only minimal access to documents provided by plantiff?

Full question:

I am due to give a verbal deposition in the near future (state of Minnesota) and need access to documents to prepare for the deposition. My former boss will only allow me to access the documents at his office, and will not allow me to make copies. I am concerned that without copies and without adequate preparation, I could incriminate myself during the deposition. Can my former boss legally allow me only minimal or limited access to these documents? We are both being sued and these documents were provided by the plaintiff's lawyer.

• Category: Discovery
• Date: 04/07/2025
• State: Minnesota

Answer:

Typically, the right of a third party to inspect business records falls under the rules of discovery when a lawsut is filed. Business records can be requested through a request for production or requested to be brought with someone like a witness or person being deposed with a subpoena duces tecum. If the former employer isn't named as a party, it may be necessary to obtain the records through a subpoena duces tecum.

A motion for extension of time may be granted in the court's discretion to allow a party more time to act in a litigation matter. The court will often grant the motion when the moving party can show a justifiable reason for the delay and is not seeking a delay merely for the purpose of delay or for an improper or harassing motive. Requiring additional time to obtain evidence, witnesses, or assistance of counsel is generally considered a proper motive. The court is more likely to grant an extension when there hasn't been a previous request(s) for additional time. Sometimes a continuance may be stipulated to by the opposing party's attorney and the court may be more likely to grant the extension when it has been stipulated to by the opposing party or their attorney.