Christensen & Jensen | 257 East 200 South, Ste 1100 Salt Lake City, Utah 84111


Federal Rules of Civil Procedure

Palacino v. Beech Mountain Resort Inc Lawsuit

Sanctions for attorneys who fail to investigate insurance

Under Federal Rule of Civil Procedure 26, a party is required to include as part of its initial disclosures “any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.”  If a party fails to disclose the existence of an insurance policy under Rule 26, then a court may sanction the party and/or its attorney pursuant […]

Houweling’s Nurseries Oxnard, Inc. v. Robertson Case

Deposition subpoena compelling lawyer as a witness

Generally, a party’s lawyer is not called as a witness in a lawsuit.  However, where a law firm is involved in communications or otherwise with an opposing party prior to the lawsuit, then a lawyer might be served with a deposition subpoena compelling their testimony regarding their involvement with the opposing party.  Even still, questions regarding attorney-client privilege and attorney work product may arise during the deposition, oftentimes resulting in a motion to modify the deposition subpoena beforehand. Law Firm Communicated […]