Utah Admin. Code R151-4-511 - Signing of Disclosures, Discovery Requests, Responses, and Objections

(1)

(a) Each disclosure shall:

(i) be signed by:

(A) at least one attorney of record; or

(B) the party if not represented by an attorney; and x

(ii) a default order; and

(b) The signature of the attorney or party constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after a reasonable inquiry, the disclosure is complete and correct as of the time it was made.

(2)

(a) Each request for discovery or response, or objection to discovery shall:

(i) be signed by:

(A) at least one attorney of record; or

(B) the party if not represented by an attorney; and

(ii) include the mailing address of the signer.

(b) The signature of the attorney or party constitutes a certification that the signer has read the request, response, or objection, and that to the best of the signer's knowledge, information, and belief formed after a reasonable inquiry it is:

(i) consistent with this rule and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;

(ii) not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and

(iii) not unreasonable or burdensome or expensive, given the needs of the case, the discovery already had in the case, and the importance of the issues at stake in the proceeding.

(3)

(a) If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection.

(b) A party is not obligated to take an action as to a request, response, or objection until it is signed.

Notes

Utah Admin. Code R151-4-511

Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022