Commercial Litigation and Arbitration

Test for Obtaining Deposition of Trial Counsel — Sixth Circuit (and Eighth)

From No. Am. Rescue Prods., Inc. v. Bound Tree Medical, LLC, 2009 U.S. Dist. LEXIS 118316 (S.D. Ohio Nov. 19, 2009):

[A] deposition of a trial attorney, for obvious reasons, is generally discouraged and may be ordered only under limited circumstances. In the Sixth Circuit, the party seeking the deposition must establish that (1) no other means exist to obtain the information; (2) the information sought is relevant and non-privileged; and (3) the information is crucial to the preparation of the case. Nationwide Mut. Ins. Co. v. Home Ins. Co., 278 F.3d 621 (6th Cir. 2002) (citing Shelton v. Am. Motors Corp., 805 F.2d 1323, 1327 (8th Cir. 1986).

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