Utah Admin. Code 151-4-508

Current through Bulletin 2024-23, December 1, 2024

Section R151-4-508 - Timing, Completion, and Sequence of Discovery

(1) Parties are encouraged to initiate appropriate discovery procedures in advance of the prehearing conference so that discovery disputes can be addressed at that conference to the extent possible.

(2)

(a) Discovery, except for prehearing disclosures governed by Section R151-4-504, shall be completed within 120 calendar days after the day:

(i) the notice of agency action was issued; or

(ii) the initial decision as to a request for agency action was issued.

(b) Factors the presiding officer shall consider in determining whether to shorten this time period include:

(i) whether a party's interests will be prejudiced if the time period is not shortened;

(ii) whether the relative simplicity or nonexistence of factual issues justifies a shortening of discovery time; and

(iii) whether the health, safety or welfare of the public will be prejudiced if the time period is not shortened.

(c) Factors the presiding officer shall consider in determining whether a party has demonstrated good cause to extend this time period include, in addition to those set forth in Section R151-4-109:

(i) whether the complexity of the case warrants additional discovery time; and

(ii) whether that party has made reasonable and prudent use of the discovery time that has already been available to the party since the proceeding commenced.

(d) The presiding officer may not extend discovery in a way that prevents the hearing from taking place within the time frames established in Section R151-4-108.

(3)

(a) Unless the presiding officer orders otherwise for the convenience of parties and witnesses, and except as otherwise provided by this rule, discovery methods may be used in any sequence.

(b) The fact that a party is conducting discovery may not operate to delay another party's discovery.

Utah Admin. Code R151-4-508

Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021

Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022

Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024