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[DOWNLOAD] "Tom L. Scott v. Honorable Grainger W. Mcilhany" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free

Tom L. Scott v. Honorable Grainger W. Mcilhany

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eBook details

  • Title: Tom L. Scott v. Honorable Grainger W. Mcilhany
  • Author : Supreme Court Of Utah
  • Release Date : January 24, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

This is an original mandamus proceeding involving pretrial discovery of expert witnesses. The relators, Tom L. Scott, Inc. and others, seek relief from orders signed by the respondent, the Honorable Grainger W. McIlhany, denying discovery of six experts retained by various parties to the case. By this mandamus, relators seek to obtain the depositions of these experts. The defendants changed the designation of these experts from "testifying" experts to "consulting-only" experts after they settled with some of the plaintiffs and third-party defendants in the underlying suit. The court of appeals denied the petition for writ of mandamus. 753 S.W.2d 214. We hold that the redesignation under the facts before us violates the purpose of discovery enunciated in Gutierrez v. Dallas Independent School District, 729 S.W.2d 691, 693 (Tex. 1987), and in Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex. 1984, orig. proceeding), and is, therefore, ineffective. Thus we conditionally grant the writ.


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