Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-516 - Motion to Compel Discovery - Sanctions
Universal Citation: UT Admin Code R 151-4-516
Current through Bulletin 2024-06, March 15, 2024
(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.
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