Drew v. Lee

Justice NEHRING,

opinion of the Court:

INTRODUCTION

T1 In this appeal, we determine whether Utah Rule of Civil Procedure 26(a)(8)(B) requires parties to file a written expert report from treating physicians who plan to testify at trial. We hold that rule 26(a)(8)(B) requires parties to produce a written report only from experts who are "retained or specially employed" to testify and that treating physicians do not fall into this category. We therefore reverse the district court's decision and remand for further proceedings consistent with this opinion.

BACKGROUND

T2 In October 2005, Richard Drew…