Utah Admin. Code R151-4-504 - Disclosures Otherwise Required

(1)

(a) A party shall:

(i) disclose in writing the name, address and telephone number of any person who might be called as an expert witness at the hearing; and

(ii) provide a written report signed by the expert that contains a complete statement of each opinion the expert will offer at the hearing and the basis and reasons for them.

(b) The expert may not testify in a party's case-in-chief concerning any matter not fairly disclosed in the report.

(c) The party offering the expert shall pay the costs for the report.

(d) Unless otherwise stipulated in writing by the parties or ordered in writing by the presiding officer, the disclosures required by Subsection R151-4-504(1) shall be made:

(i) within 30 days after the deadline for completion of discovery; or

(ii) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Subsection R151-4-504(1)(a), within 60 days after the disclosure made by the other party.

(e) If either party fails to file its disclosure within the time frames in Subsection R151-4-504(1), the presiding officer:

(i) shall exclude the expert testimony from the proceeding; and

(ii) may not continue the hearing to allow additional time for the disclosures.

(2)

(a) In addition to the disclosures required by Subsection R151-4-504(1), a party shall disclose information regarding evidence the party may present at hearing other than solely for impeachment purposes pursuant to the pretrial disclosures of Utah Rules of Civil Procedure, Rule 26.

(b)

(i) The disclosures required by Subsection R151-4-504(2) shall be made at least 45 days before the hearing.

(ii) Within 14 days after service of the disclosures a party may serve and file an objection to the:

(A) use of a deposition designated by another party; and

(B) admissibility of materials identified under Subsection R151-4-504(2)(a).

(iii) An objection not timely made is waived.

Notes

Utah Admin. Code R151-4-504

Amended by Utah State Bulletin Number 2018-21, effective 10/11/2018 Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022 Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024