WINTER 2019 Quarterly (2019-02)(PR100-001) The Utah Employment Law Quarterly Newsletter provides updates and reminders of best practices for business located…
Co-Worker Testimony In Litigation
Under Utah Rule of Civil Procedure 26(b)(5) and Federal Rule of Civil Procedure 26(b)(3)(A), “a party may not discover documents…
Employment Records Are Discoverable in Litigation
Personnel files are generally discoverable if they are relevant, although some courts have expressed reluctance to disclose personnel files, particularly…
Duty to Preserve Documents in Litigation
Parties have a duty to persevere evidence, including electronically stored information. Daynight, LLC v. Mobilight, Inc., 2011 UT App 28,…
Emails, Voicemails, Text Messages Are Discoverable in Litigation
Emails, Voicemails, Text Messages Emails Emails are discoverable, unless they are subject to the Attorney Client or Work Product Privilege.…
Employee Handbooks Are Discoverable in Litigation
Employee policies and handbooks are discoverable. See e.g. Hall v. L-3 Commc’ns Corp., No. 2:15-CV-00231-SAB, 2017 WL 216707, at *3…
Discoverability of Workplace Investigation Reports
Workplace investigations often relate to violations of rules, procedures, criminal acts, harassment, behavioral issues, and numerous other issues. While such…
New Resource for Utah Supreme Court Opinions
A new blog is now tracking Utah Supreme Court Decisions. Utah Appeals Central seeks to provide the public with resources to…
Work Product Privilege
Utah Rule of Civil Procedure 26 recognizes a privilege for documents “prepared in anticipation of ligation.” See Utah R. Civ.…
Attorney Client Privilege
Utah Rule of Evidence 504 establishes a privilege for confidential communications “made for the purpose of facilitating the rendition of…