Credit: Nutlegal/Adobe Stock State Appellate Court Considers Whether a Petitioner Must First Show a Witness Will Be Unavailable to Secure Order for Presuit Deposition
"There is no evidence any of the Ecology witnesses pose a specific risk of unavailability. The record is silent as to their age, health, and future life plans," Pennell said. "Thus, the Board has not met its burden of establishing a need to perpetuate witness testimony under CR 27."
June 14, 2023 at 02:23 PM
4 minute read
The Washington Court of Appeals reversed a lower court's order authorizing a perpetuation before action, as it lacked discretion due to the absence of facts supporting a finding of witness unavailability at a future trial.
The Brenton County Water Conservancy Board sought the testimony of Washington State Department of Ecology employees who had attended a meeting to discuss the application of Frank Tiegs, LLC, who had purchased water rights from Plymouth Farms and had filed a water right change/transfer application with the board.
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