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

Summary

The court adopted a stringent three-part test governing depositions of opposing counsel, requiring the party seeking the deposition 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 Molly Weber could not be deposed because the requested information implicated work product and could be obtained through other discovery, while Jeffrey Peterzalek was not opposing counsel and could be deposed on at least some nonprivileged topics subject to appropriate limits. The court sustained the writ in part, annulled it in part, and remanded for an order quashing Weber's subpoena and further proceedings concerning Peterzalek.