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Vered v. Tooele Hosp. Corp., 2018 UT App 15 (Jan. 25, 2018).

Jan 25, 2018

This case involved an unsuccessful assertion of privilege.  The district court ordered production, notwithstanding a party’s claim that the care-review privilege applied.  The Court of Appeals affirmed, clarifying that Rule 26 of the Rules of Civil Procedure requires a party to provide a privilege log setting forth sufficient information to evaluate an assertion of the claim-review privilege.  Because the party asserting the privilege failed to provide an adequate privilege log or affidavit, the district court did not abuse its discretion in concluding the party failed to carry its burden of demonstrating a privilege protected the documents from discovery.