Wednesday October 1, 2014
Collecting Evidence from Out-of State Sources:
Information Releases, Subpoenas, Depositions, Trial Testimony
Judge Keith Kelly, 3rd District Court, State of Utah
Judge Ryan Harris, 3rd District Court, State of Utah
Moderator: Kent Holmberg, Assistant Utah Attorney General
More and more cases involve the challenge of discovery from out-of-state sources. An overview of the available discovery tools and the Court's approach to out-of-state discovery issues were examined. Of particular interest was the Judges interpretation of Rahofy v. Steadman (2012) concerning compelled production of releases and the new Uniform Interstate Depositions and Discovery Act (which has been adopted in Utah and in a majority of jurisdictions since 2007). This was a sold out course. One course participant commented that "this is the nuts-and-bolts of what we do as civil litigators week-in and week-out."