CLUB VISTA FINANCIAL SERVS. v. DIST. CT.

No. 57641.

276 P.3d 246 (2012)

CLUB VISTA FINANCIAL SERVICES, L.L.C., a Nevada Limited Liability Company; Tharaldson Motels II, Inc., a North Dakota Corporation; and Gary D. Tharaldson, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the County of Clark; and the Honorable Mark R. DENTON, District Judge, Respondents, and Scott Financial Corporation, a North Dakota Corporation; Bradley J. Scott; Bank of Oklahoma, N.A., a National Bank; Gemstone Development West, Inc., a Nevada Corporation; and Asphalt Products Corp. d/b/a APCO Construction, a Nevada Corporation, Real Parties in Interest.

Supreme Court of Nevada.

May 17, 2012.


Attorney(s) appearing for the Case

Lemons, Grundy & Eisenberg and Robert L. Eisenberg , Reno; Marquis Aurbach Coffing and Micah S. Echols , Terry A. Coffing , and David T. Duncan , Las Vegas, for Petitioners.

Kemp, Jones & Coulthard, LLP, and J. Randall Jones , Mark M. Jones , and Jennifer C. Dorsey , Las Vegas, for Real Parties in Interest Scott Financial Corporation and Bradley J. Scott.

Howard & Howard and Wade B. Gochnour , Gwen Rutar Mullins , and Robert L. Rosenthal , Las Vegas, for Real Party in Interest Asphalt Products Corporation.

Lewis & Roca, LLP, and Von S. Heinz , Las Vegas; Frederic Dorwart Lawyers and John D. Clayman and Piper Turner , Tulsa, OK, for Real Party in Interest Bank of Oklahoma, N.A.

Patrick K. Smith , Las Vegas, for Real Party in Interest Gemstone Development West, Inc.

BEFORE THE COURT EN BANC.


OPINION

By the Court, CHERRY, C.J.:

In this original writ petition, we address whether, and under what circumstances, a party to a lawsuit may depose an opposing party's former attorney. In considering this issue, we adopt the framework espoused by the Eighth Circuit Court of Appeals in Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir.1986). Under the Shelton analysis, the party seeking to depose...

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