Docket Number


Document Type

Brief of Appellant

Publication Date



This is an interlocutory appeal from the Second District Court of Weber County, Judge Pamela G. Heffernan, granting the appellee permission to file an amended answer, a counterclaim and assert the affirmative defense of "after acquired evidence." Because no Utah court has recognized the "after acquired evidence defense" Ms. Pett is appealing the trial court's order permitting the appellee to assert the "after acquired evidence defense," asking the Utah Supreme Court to determine if the "after acquired evidence defense" exists under Utah law, specify under what conditions the defense may be asserted, specify the standard of proof necessary to establish the defense, and specify proper jury instructions relative to the defense, if the defense exists under Utah Law.


Original Brief Submitted to the Utah Supreme Court; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Rick Thaler; Ray, Quinney & Nebeker; attorney for defendant.
Charles A. Schultz; attorney for plaintiff.


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