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.”
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