Donkers v. Kovach

JANSEN, E J.

Elaintiffs Catherine N. Donkers and Brad L. Barnhill appeal by right the trial court’s dismissal of their lawsuit. We reverse and remand for reinstatement of plaintiffs’ claims.

i

Elaintiffs sued defendant Timothy Kovach, their former attorney, for alleged legal malpractice in his handling of a previous civil matter.1 During the course of discovery in the present case, defendant sought to depose plaintiff Donkers. At the time of the deposition, Donkers refused to raise her right hand and to be sworn under oath. She claimed that raising her right hand would violate her religious…