UTAH LAW

Utah Rule 26 Disclosures & Discovery What To Disclose, When, and How To Comply

Plain-English guide to initial disclosures, financial declarations, written discovery, experts, deadlines, tiers, and sanctions

Utah Law Explained breaks down what Rule 26 requires so your case runs smoothly and fairly. In Utah civil cases, you cannot spring surprise evidence. Both sides must exchange key information early, from witnesses and documents to damages and expert opinions.

This guide walks through what to disclose, when to do it, how proportionality limits scope, and how to avoid sanctions that can knock evidence out at trial.

Understanding Utah Rule 26

Rule 26 sets the ground rules for exchanging information before trial so each side understands the basic facts and proof the other will rely on. It organizes disclosures and discovery tools and applies a proportionality standard so requests fit the case size and stakes.

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Initial Disclosures

Names and contact info of witnesses, key documents or descriptions, damages computations with support, and insurance agreements.

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Financial Declarations

In family or financial matters, each party files income, expenses, assets, debts, with tax returns and pay stubs.

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Written Discovery Tools

Interrogatories, requests for production, and requests for admission to lock down facts and documents.

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Proportionality

Discovery must fit the issues, amount in controversy, and resources. Courts dislike fishing expeditions.

Initial Disclosures and Financial Declarations

Initial disclosures under Rule 26(a)(1) are due early, typically within 14 days after the first answer is filed. Missing or weak disclosures can delay your case or lead to exclusion of evidence later.

deadline_initial_disclosures Usually within 14 days after the first answer

contents_required Witness list with contact info; documents or descriptions you may use; damages computations with support; insurance agreements

financial_declaration For family or financial cases under Rule 26.1: income, expenses, assets, debts, plus tax returns and pay stubs

Accuracy matters. Incomplete or inaccurate financial disclosures are a common source of sanctions. Double check numbers and attachments before filing.

Written Discovery — Examples

Interrogatories

Key Points:Written questions answered under oath to clarify facts, claims, defenses, and damages.

Why It Matters:Locks in positions and narrows issues for motion practice and trial.

Requests for Production

Key Points:Obtain documents, emails, photos, data, and other materials in your opponent’s possession, custody, or control.

Why It Matters:Builds the evidentiary record and supports or refutes damage claims.

Requests for Admission

Key Points:Ask the other side to admit or deny facts or document authenticity to streamline the case.

Why It Matters:Reduces what must be proved at trial and can support summary judgment.

Depositions & Experts — Examples

Depositions

Key Points:Witnesses testify under oath with a court reporter; use exhibits and timelines to test credibility.

Why It Matters:Fills factual gaps and frames trial themes.

Expert Disclosures

Key Points:Provide opinions, bases, data considered, and qualifications per Rule 26.

Why It Matters:Missed or thin expert disclosures risk exclusion at trial.

Step by Step: Disclosures and Discovery Timeline

Exchange Initial Disclosures

Serve complete disclosures on time with supporting documents. Fix omissions quickly.

Serve Written Discovery

Tailor interrogatories, production, and admissions to what is truly relevant and proportional.

Take Depositions

Prioritize key fact witnesses. Use exhibits and timelines to test credibility and fill gaps.

Disclose Experts

Provide opinions, bases, qualifications, and timing per Rule 26. Keep an eye on tier deadlines.

Resolve Disputes

Meet and confer in good faith before filing motions. If needed, move to compel under Rule 37 and seek or oppose sanctions.

YouTube Resources

Discovery & Rule 26

▶ Litigation Fundamentals: Initial Disclosures (Rule 26(a)) ▶ Prof. Nathenson: Discovery timing & the Rule 26(f) conference ▶ Litigation Fundamentals: Rule 26(f) conference & scheduling

Instagram Insights

Discovery Reminders

📸 The Shark Law Firm: Discovery is a mandatory exchange 📸 Desert Legal Group: What discovery covers 📸 Desert Legal Group: How discovery shapes your divorce case

Deadlines, Tiers, and Sanctions

Utah uses tiered discovery tracks with built-in limits on interrogatories, requests, and deposition hours. Typical discovery periods:

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Tier 1

120 days for discovery. Simplest cases with lower stakes and narrower issues.

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Tier 2

180 days. Moderate complexity with more documents and witnesses.

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Tier 3

210 days. Complex matters, multiple parties, or heavy expert work.

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Sanctions

Missed deadlines, nondisclosure, or disproportional requests can lead to exclusion of evidence or fee awards.

Key Takeaways

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Serve complete initial disclosures early and keep them updated to avoid exclusion later.

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Target discovery to what is relevant and proportional. Courts dislike fishing expeditions.

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Expert disclosures are deadline driven. Late or thin disclosures risk exclusion.

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Meet and confer before motions. If needed, move to compel under Rule 37 and be ready to discuss sanctions.

This page is legal information, not legal advice. Speak with a Utah attorney for guidance on your case.

Next Step

If your case involves complex facts, multiple parties, or expert testimony, plan your timeline now and get help before deadlines bite.

Get Utah Discovery Help

We can help you scope proportional discovery, calendar tier deadlines, and craft compliant disclosures and expert reports.

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