Burnette v. Nockels

In an interlocutory appeal, the appellate court considered whether the trial court properly exercised its discretion when it allowed the plaintiff’s request for a  live inspection at which her technical consultant would oversee an unfiltered extraction of audit-trail data from the defendant hospital’s electronic medical record system. The appellate court found that the trial court correctly based its decision on the discovery rules, not federal regulations, and that it exercised its discretion reasonably. The court then affirmed the trial court’s order granting the motion to compel and vacated the order finding the defendant in friendly contempt for the purposes of pursing an interlocutory appeal. (NAVARRO and LYLE, concurring)