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Court issues split decision on request to strike out testimony
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Posted on Nov 01 2005
The Superior Court yesterday gave a split decision on the request of a businessman to strike out the testimony of his employee as evidence in a lawsuit filed by the Saipan Achugao Resort Members’ Association.
Associate Judge David Wiseman ruled that portions of the testimony of one Richard Mendiola should be stricken as requested by businessman Wan Jin Yoon.
Wiseman ruled that those statements were privileged information based on Yoon’s relationship with his attorney.
“The attorney-client evidentiary privilege is supported by a policy, which promotes the free and candid discussion of all matters related to the provision of legal services between attorney and client,” noted Wiseman, citing precedent rulings.
However, the judge ruled that part of Mendiola’s testimony should not be stricken because it discussed communications made by Yoon when the latter’s attorney was not present.
“Those communications and the resulting testimony are not subject to any privilege and will not be stricken,” Wiseman said.
