Utah Admin. Code R151-4-516 - Motion to Compel Discovery - Sanctions

(1)

(a) The discovering party may move for an order compelling discovery if:

(i) a party fails to make disclosures required by a prehearing order;

(ii) a party fails to make the disclosures required by Section R151-4-504;

(iii) a deponent fails to answer a question;

(iv) a corporation or other entity named as a deponent fails to designate an individual to testify pursuant to Utah Rules of Civil Procedure, Rule 30; or

(v) a party, in response to a request for inspection under Section R151-4-514, fails to respond that an inspection will be permitted as requested or fails to permit an inspection as requested.

(b) When taking a deposition, the proponent of a question may complete or adjourn the examination before applying for an order.

(c) If the presiding officer denies the motion in whole or in part, the presiding officer may make a protective order that otherwise would be authorized by Section R151-4-507.

(d) An evasive or incomplete answer is treated as a failure to answer.

(2)

(a) If a party or other person fails to comply with an order compelling discovery:

(i) the department may seek civil enforcement in the district court under Section 63G-4-501; or

(ii) the presiding officer may, for good cause, issue an order:

(A) that the related matters and facts shall be taken to be established;

(B) refusing to allow the disobedient party to support or oppose designated claims or defenses; or

(C) prohibiting the disobedient party from introducing designated matters in evidence;

(D) striking out pleadings or motions, or portions of pleadings or motions;

(E) dismissing the proceeding or a portion of the proceeding; or

(F) rendering a judgment by default against the disobedient party.

Notes

Utah Admin. Code R151-4-516

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