Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-504 - Disclosures Otherwise Required
Universal Citation: UT Admin Code R 151-4-504
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) A party shall:
(i) disclose in writing the name, address and
telephone number of any person who might be called as an expert witness at the
hearing; and
(ii) provide a written
report signed by the expert that contains a complete statement of each opinion
the expert will offer at the hearing and the basis and reasons for
them.
(b) The expert may
not testify in a party's case-in-chief concerning any matter not fairly
disclosed in the report.
(c) The
party offering the expert shall pay the costs for the report.
(d) Unless otherwise stipulated in writing by
the parties or ordered in writing by the presiding officer, the disclosures
required by Subsection
R151-4-504(1)
shall be made:
(i) within 30 days after the
deadline for completion of discovery; or
(ii) if the evidence is intended solely to
contradict or rebut evidence on the same subject matter identified by another
party under Subsection
R151-4-504(1)(a),
within 60 days after the disclosure made by the other party.
(e) If either party fails to file
its disclosure within the time frames in Subsection
R151-4-504(1),
the presiding officer:
(i) shall exclude the
expert testimony from the proceeding; and
(ii) may not continue the hearing to allow
additional time for the disclosures.
(2)
(a) In
addition to the disclosures required by Subsection
R151-4-504(1),
a party shall disclose information regarding evidence the party may present at
hearing other than solely for impeachment purposes pursuant to the pretrial
disclosures of Utah Rules of Civil Procedure, Rule 26.
(b)
(i) The
disclosures required by Subsection
R151-4-504(2)
shall be made at least 45 days before the hearing.
(ii) Within 14 days after service of the
disclosures a party may serve and file an objection to the:
(A) use of a deposition designated by another
party; and
(B) admissibility of
materials identified under Subsection
R151-4-504(2)(a).
(iii) An objection not timely made is
waived.
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