Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-502 - Scope of Discovery
Universal Citation: UT Admin Code R 151-4-502
Current through Bulletin 2024-06, March 15, 2024
(1) Parties may obtain discovery regarding a matter that:
(a)
is not privileged;
(b) is relevant
to the subject matter involved in the proceeding; and
(c) relates to a claim or defense:
(i)
(A) of
the party seeking discovery; or
(B)
of another party;
(ii)
that is set forth in a pleading; and
(iii) that is brought pursuant to a statement
of fact, information, or belief.
(2)
(a)
Subject to Subsection
R151-4-502(3)
and Section R151-4-504, a party may obtain
discovery of documents and tangible things otherwise discoverable under
Subsection R151-4-502(1)
and prepared in anticipation of litigation or for hearing by another party or
for another party or by that party's representative or for that party's
representative, including the party's attorney, consultant, insurer or other
agent, only on a showing that the party seeking discovery:
(i) has substantial need of the materials in
the preparation of the case; and
(ii) is unable without undue hardship to
obtain the substantial equivalent of the materials by other means.
(b) In ordering discovery of
materials described in Subsection
R151-4-502(2)(a),
the presiding officer shall protect against disclosure of the mental
impressions, conclusions, opinions, or legal theories of an attorney of a
party.
(3) Discovery of facts known and opinions held by experts, otherwise discoverable under Subsection R151-4-502(1) and acquired or developed in anticipation of litigation or for hearing, may be obtained only through the disclosures required by Section R151-4-504.
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