Winn v. McKinlay
Winn v. McKinlay, 2025 UT App 16 (Luthy, J.)
Civil Procedure
The Utah Court of Appeals held:
- Plaintiffs failed to preserve their argument that opposing counsel’s decision to change witness testimony had prejudiced them.
- The district court did not abuse its discretion when it denied Plaintiffs the opportunity to cross-examine a witness about his past patients because Plaintiffs never asked for that opportunity.
- Practice tip: A motion under Utah Rule of Civil Procedure 59 alleging irregularity or surprise based on attorney misconduct must show prejudice.