The question is: do the documents in dispute, ie, MSP and Pharmanet, come withing the terms of either Rule 7 - 1 (1)(a), ie, documents that can be used by a party of record to prove or disprove a material fact or that will be referred to at trial or, if not, do they come under category 7 - 1 (11), generally, in the vernacular, referred to as the Guano documents... There is no question that there is a higher duty on a party requesting documents under the second category... that in addition to requesting, they must explain and satisfy either the party being demanded or the court, if an order is
sought, with an explanation «with reasonable specificity that indicates the reason why such
additional documents or classes of documents should be disclosed», and again, there is no doubt that the new Rules have limited the obligation for production in the first
instance to the first category that I have described and has reduced or lessened the obligation for production in general...