A federal judge ordered discovery to proceed in a court case concerning records from Hillary Clinton’s tenure as secretary of state, paving the way for the presumptive Democratic nominee to face questioning under oath about her private email server.

Judge Emmet Sullivan of U.S. District Court noted that discovery is “rare” in lawsuits over the Freedom of Information Act, but said in an order issued Wednesday that the State Department has not made a “good faith” effort to hand over documents from Clinton’s office.