Justice McNULTY delivered the opinion of the court:
In June 2003 the Department of Financial and Professional Regulation charged Dr. Jack Rodriquez with improper treatment of a patient and with failure to document adequately that patient's medical condition. In discovery Rodriquez sought to depose five persons the Department listed as potential witnesses. The Department refused to issue subpoenas for discovery depositions.
Rodriquez then brought this lawsuit...
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