Jeffrey Peterzalek and Molly Weber v. Iowa District Court for Polk County

Summary

The court adopted a three-prong test that sharply limits depositions of opposing counsel, requiring the requesting party to show that no other means exist to obtain the information, that the information is relevant and nonprivileged, and that it is crucial to case preparation. Applying that test, the court held that the former attorney who assisted with the administrative phase of the same dispute could not be deposed, but the attorney who was screened from the litigation could be deposed on at least some nonprivileged matters subject to appropriate limits. The court sustained the writ, reversed the refusal to quash one subpoena, affirmed the refusal to quash the other, and remanded for further proceedings.