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 … More

Personnel files are generally discoverable if they are relevant, although some courts have expressed reluctance to disclose personnel files, particularly … More

Parties have a duty to persevere evidence, including electronically stored information. Daynight, LLC v. Mobilight, Inc., 2011 UT App 28, … More

Emails, Voicemails, Text Messages Emails Emails are discoverable, unless they are subject to the Attorney Client or Work Product Privilege. … More

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 … More

Workplace investigations often relate to violations of rules, procedures, criminal acts, harassment, behavioral issues, and numerous other issues. While such … More

A new blog is now tracking Utah Supreme Court Decisions. Utah Appeals Central seeks to provide the public with resources to … More

Utah Rule of Civil Procedure 26 recognizes a privilege for documents “prepared in anticipation of ligation.” See Utah R. Civ. … More

Utah Rule of Evidence 504 establishes a privilege for confidential communications “made for the purpose of facilitating the rendition of … More

Increasingly employers are dealing with allegations of sexual harassment. The recent case of Gyulakian v. Lexus of Watertown, highlights the … More