What is the test for an examination under Rule 39.03?

It is well-established that a proposed examination under rule 39.03 will not be permitted if it is being used for an ulterior or improper purpose or is nothing more than a "fishing expedition". [See Note 11 below] In Beck v. Bradstock, for example, the court refused to permit an examination under rule 39.03 -- notwithstanding that the information from the proposed examination would be relevant to the motion at issue -- because the plaintiff intended to use the proposed examination for the improper purpose of obtaining information to commence an action against the witness. The court held that such an examination would constitute an abuse of process. [See Note 12 below]