Sandy Point Farms, Inc. v. Sandy Point Village, LLC

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The Supreme Court quashed the order of the superior court denying Plaintiff’s motion for a protective order concerning the deposition of Lawrence Rainey, holding that, pursuant to rule 26(b)(4)(B) of the Superior Court Rules of Civil Procedure, Defendants failed to demonstrate “exceptional circumstances” to depose Rainey, a nontestifying expert. On appeal, Plaintiff argued that Rainey was a nontestifying expert and therefore may not be deposed absent a showing of exceptional circumstances in accordance with Rule 26(b)(4)(B). The Supreme Court agreed, holding (1) Rule 26(b)(4)(B) is applicable to the discovery issue here; (2) the hearing justice erred in failing properly to apply the Rule 26(b)(4)(B) standard in this case; and (3) Defendants failed to demonstrate “exceptional circumstances” as to why they wished to depose Rainey. View "Sandy Point Farms, Inc. v. Sandy Point Village, LLC" on Justia Law