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Effective 5/10/2016
78B-6-2005. Discovery — Use of materials.

  • (1) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. Claims of privilege may not apply to any trust claims materials or trust governance documents.
  • (2) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.

Enacted by Chapter 385, 2016 General Session