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SCOTT v. HAMMOCK

No. 910112.

870 P.2d 947 (1994)

Michelle SCOTT, Plaintiff, v. Steven LeRoy HAMMOCK, Defendant. The Church of Jesus Christ of Latterday Saints, Intervenor.

Supreme Court of Utah.

March 4, 1994.

Attorney(s) appearing for the Case

Ross C. Anderson, Linda M. Jones, Salt Lake City, for Michelle Scott.

Mary C. Corporon, Salt Lake City, for Steven LeRoy Hammock.

Oscar W. McConkie, Merrill F. Nelson, Von G. Keetch, Salt Lake City, for Church of Jesus Christ of Latter-day Saints.

STEWART, Associate Chief Justice:

The United States District Court for the District of Utah certified to this Court the following question of law: "Whether non-penitential communications between a lay person and a clergyman are privileged under Utah law." We accepted the certification pursuant to Utah Code Ann. § 78-2-2(1) (1992 & Supp.1993). We hold that nonpenitential communications are privileged under Utah law if they are intended to be confidential and...

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