Section R151-4-602 - General Provisions - Persons who may be Deposed(1) Before a party may request leave to take a person's deposition, the party shall first make efforts to obtain discovery from that person by an interview. For purposes of this section, "interview" means an unsworn, oral examination of a person with knowledge of facts relevant to the claims or defenses of a party in the proceeding, whether in person or by remote means.(2) A party may not be granted leave to take a deposition unless the party, upon motion, demonstrates to the satisfaction of the presiding officer that the person has knowledge of facts relevant to the claims or defenses of a party in the proceeding and:(a) has refused a reasonable request by the moving party for an interview;(b) has failed to attend a scheduled interview;(c) has failed to provide reasonable availability for an interview;(d) has refused to answer reasonable questions propounded to the person by that party in an interview; or(e) will be unavailable to testify at the hearing.(3) In deciding whether to grant the motion, the presiding officer shall consider the probative value the testimony is likely to have in the proceeding and the complexity of the proceeding.(4) The moving party has the burden of proof in a motion for leave to take a deposition.(5) Any participant in an interview conducted in accordance with this section may create an audio recording of the interview as long as the person recording the interview gives verbal notice to the other participants that the interview is being recorded. Any participant that creates an audio recording of the interview shall provide a copy of the recording to each party to the proceeding within 10 days of the interview.(6) The parties to a proceeding may stipulate to take a deposition rather than conduct an interview, even if the requirements of this section have not been met.Utah Admin. Code R151-4-602
Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024