Utah Admin. Code 151-4-514

Current through Bulletin 2024-23, December 1, 2024

Section R151-4-514 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

(1) Upon approval by the presiding officer, a party may serve on another party a request:

(a) to produce and permit the party making the request to:

(i) inspect and copy a data compilation from which information can be obtained and translated into a reasonably usable form; or

(ii) inspect and copy, test, or sample a document or tangible thing that:

(A) constitutes or contains matters within the scope of Subsection R151-4-502(1); and

(B) are in the possession, custody or control of the party upon whom the request is served; or

(b) to permit, within the scope of Subsection R151-4-502(1), entry on designated land, property, object, or operation in the possession or control of the party upon whom the request is served for inspection, measuring, surveying, photographing, testing, or sampling.

(2)

(a) Before permitting a party to serve a request for production of documents, the presiding officer shall first find that the requesting party has demonstrated the records have not already been provided.

(b) After approval by the presiding officer, the request may be served on a party.

(c) The request shall:

(i) set forth the items to be inspected either by individual item or by category;

(ii) describe each item and category with particularity; and

(iii) specify a reasonable time, place, and manner of making the inspection and performing the related acts.

(d)

(i) The party upon whom the request is served shall serve a written response within 20 days after service of the request unless the presiding officer allows a shorter or longer time in a written order.

(ii) The response shall state, as to each specific item or category:

(A) that the party will permit inspection and related activities as requested; or

(B) an objection.

(iii) The party submitting the request may move for an order under Section R151-4-516 as to any:

(A) objection;

(B) failure to respond to any part of the request; or

(C) failure to permit inspection as requested.

(e) A party who produces documents for inspection shall:

(i) produce them as they are kept in the usual course of business; or

(ii) organize and label them to correspond with the categories in the request.

Utah Admin. Code R151-4-514

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