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DREW v. LEE

No. 20080798.

250 P.3d 48 (2011)

2011 UT 15

R. Alan DREW, Plaintiff and Petitioner, v. Tonia Mann LEE, Defendant and Respondent.

Supreme Court of Utah.

March 15, 2011.

Attorney(s) appearing for the Case

Roger W. Griffin , Sandy, for plaintiff.

Peter H. Christensen , Ryan P. Atkinson , Salt Lake City, for defendant.

Ryan M. Springer , Salt Lake City, for amicus curiae Utah Association for Justice.

Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 In this appeal, we determine whether Utah Rule of Civil Procedure 26(a)(3)(B) requires parties to file a written expert report from treating physicians who plan to testify at trial. We hold that rule 26(a)(3)(B) requires parties to produce a written report only from experts who are "retained or specially employed" to testify and that treating physicians do not fall into this category. We therefore...

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