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March 2012 Archives

Avoid Costly Mistakes in the Litigation and Appellate Process

If a litigant is not careful, much time and resources may be wasted on technicalities. Assume, for example, you wish to appeal a case to the Utah Court of Appeals. The judge issued a ruling or the jury entered a verdict with which you disagree. It is axiomatic that a party may only appeal from a “final order.” If there are any remaining issues in the case left undecided by the trial court, the appellate court will not have jurisdiction. What is a “final order” from a technical standpoint?

Understanding the requirements for admission of expert testimony

Over the past several years, Utah’s Supreme Court has lowered the requirements for admission of expert testimony. Utah Rule of Evidence 702 was most recently amended by the Utah Supreme Court in 2007. The 2007 amendment added the introductory clause in part (a), along with parts (b) and (c). Utah R. Evidence 702 advisory committee notes.  Rule 702 presently provides: