tightly guarded privilege in Kentucky

2022In Grange Mutual Insurance Co. v. Trude, we expounded on this latter subcategory, stating “these ‘certain special . . . cases’ are exactly that— they are rare exceptions and tend to be limited to situations where the action for which the writ is sought would violate the law, e.g., by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” 151 S.W.3d 803, 808 (Ky. 2004) (footnotes omitted). 4 In all cases, the issuance of a writ depends on the absence of an adequate remedy by appeal or otherwise.

2022“But these ‘certain special cases’ are exactly that – they are rare exceptions and tend to be limited to situations where the action for which the writ is sought would violate the law, e.g. by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” Trude, 151 S.W.3d at 808 (footnotes and citations omitted). “[W]hether to issue a writ is always discretionary, even when the trial court was acting outside its jurisdiction.” Cox v. Braden, 266 S.W.3d 792, 797 (Ky. 2008) (internal quotation marks and citation omitted).

2021We have applied the certain special cases exception when “the action for which the writ is sought would violate the law, e.g., by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” Trude, 151 S.W.3d at 808 (citing Wal-Mart Stores, Inc. v. Dickinson, 29 S.W.3d 796, 803 (Ky. 2000); Bender, 343 S.W.2d at 803 ).

2020We have applied the certain special cases exception when “the action for which the writ is sought would violate the law, e.g. by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” Trude, 151 S.W.3d at 808 (citing Wal-Mart Stores, Inc. v. Dickinson, 29 S.W.3d 796, 803 (Ky. 2000); Bender, 343 S.W.2d at 803 ).

2021We have applied the certain special cases exception when “the action for which the writ is sought would violate the law, e.g., by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” Trude, 151 S.W.3d at 808 (citing Wal-Mart Stores, Inc. v. Dickinson, 29 S.W.3d 796, 803 (Ky. 2000); Bender, 343 S.W.2d at 803 ).

2020We have applied the certain special cases exception when “the action for which the writ is sought would violate the law, e.g. by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” Trude, 151 S.W.3d at 808 (citing Wal-Mart Stores, Inc. v. Dickinson, 29 S.W.3d 796, 803 (Ky. 2000); Bender, 343 S.W.2d at 803 ).

2008See generally CR 62. 2 . 175 S.W.3d 610, 616 (Ky.2005), quoting Bender v. Eaton, 343 S.W.2d 799, 801 (Ky.1961). (“ '[I]n certain special cases this Court will entertain a petition for prohibition in the absence of a showing of specific great and irreparable injury to the petitioner, provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correction of the error is necessary and appropriate in the interest of orderly judicial administration.’ ”) The court in Chauvin further identified such limited situations as including judicial actions, whic

2006This narrow exception has typically applied “in those limited situations where the action for which the writ is sought would blatantly violate the law, for example, by breaching a tightly guarded privilege or by contradicting the clear requirements of a civil rule.” Chauvin, 175 S.W.3d at 616-17 .

2017Further, the estimated cost to produce the e-mails ranges from 3 National Gypsum Company v. Com.s, 736 S.W.2d 325 , 327 {Ky. 1987]. 4 Grange Mutual Insurance Company v. dee, 151 S.W.Bd 803 (Ky. 2004]. 5 Id. (quoting Bender v. Eaton, Ky., 343 S.W.2d 799, 800 (Ky. 1961]]. 6 Id. at 809 (citations omitted]. . $42,000 - $890,000.

2017Further, the estimated cost to produce the e-mails ranges from 3 National Gypsum Company v. Com.s, 736 S.W.2d 325 , 327 {Ky. 1987]. 4 Grange Mutual Insurance Company v. dee, 151 S.W.Bd 803 (Ky. 2004]. 5 Id. (quoting Bender v. Eaton, Ky., 343 S.W.2d 799, 800 (Ky. 1961]]. 6 Id. at 809 (citations omitted]. . $42,000 - $890,000.

2022Regardless, we have reserved invoking these exceptions for instances involving the invasion of a recognized privilege “or some other important privacy interest of the party resisting discovery.” Inverultra, S.A. v. Wilson, 449 S.W.3d 339, 345 (Ky. 2014); see also Richmond Health Facilities-Madison, LP v. Clouse, 473 S.W.3d 79 , 82–83 (Ky. 2015) ([O]ur application of this exception is rare, however, limited primarily to circumstances where the action for which the writ is sought would violate the law, e.g.[,] by breaching a tightly guarded privilege or by contradicting the requirements of a civ

2022Regardless, we have reserved invoking these exceptions for instances involving the invasion of a recognized privilege “or some other important privacy interest of the party resisting discovery.” Inverultra, S.A. v. Wilson, 449 S.W.3d 339, 345 (Ky. 2014); see also Richmond Health Facilities-Madison, LP v. Clouse, 473 S.W.3d 79 , 82–83 (Ky. 2015) ([O]ur application of this exception is rare, however, limited primarily to circumstances where the action for which the writ is sought would violate the law, e.g.[,] by breaching a tightly guarded privilege or by contradicting the requirements of a civ

2022“But these ‘certain special cases’ are exactly that – they are rare exceptions and tend to be limited to situations where the action for which the writ is sought would violate the law, e.g. by breaching a tightly guarded privilege or by contradicting the requirements of a civil rule.” Trude, 151 S.W.3d at 808 (footnotes and citations omitted). “[W]hether to issue a writ is always discretionary, even when the trial court was acting outside its jurisdiction.” Cox v. Braden, 266 S.W.3d 792, 797 (Ky. 2008) (internal quotation marks and citation omitted).