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


Tag: 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 […]