Utah Admin. Code R151-4-602 - General Provisions - Persons who may be Deposed
(1) Before a party may request leave to take
a person's deposition, the party shall first make efforts to obtain discovery
from that person by an interview. For purposes of this section, "interview"
means an unsworn, oral examination of a person with knowledge of facts relevant
to the claims or defenses of a party in the proceeding, whether in person or by
remote means.
(2) A party may not
be granted leave to take a deposition unless the party, upon motion,
demonstrates to the satisfaction of the presiding officer that the person has
knowledge of facts relevant to the claims or defenses of a party in the
proceeding and:
(a) has refused a reasonable
request by the moving party for an interview;
(b) has failed to attend a scheduled
interview;
(c) has failed to
provide reasonable availability for an interview;
(d) has refused to answer reasonable
questions propounded to the person by that party in an interview; or
(e) will be unavailable to testify at the
hearing.
(3) In deciding
whether to grant the motion, the presiding officer shall consider the probative
value the testimony is likely to have in the proceeding and the complexity of
the proceeding.
(4) The moving
party has the burden of proof in a motion for leave to take a
deposition.
(5) Any participant in
an interview conducted in accordance with this section may create an audio
recording of the interview as long as the person recording the interview gives
verbal notice to the other participants that the interview is being recorded.
Any participant that creates an audio recording of the interview shall provide
a copy of the recording to each party to the proceeding within 10 days of the
interview.
(6) The parties to a
proceeding may stipulate to take a deposition rather than conduct an interview,
even if the requirements of this section have not been met.
Notes
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