Utah Administrative Code (Current through November 1, 2019) |
R151. Commerce, Administration |
R151-4. Department of Commerce Administrative Procedures Act Rule |
R151-4-504. Disclosures Otherwise Required
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(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 all opinions the expert will offer at the hearing and the basis and reasons for them. Such an expert may not testify in a party's case-in-chief concerning any matter not fairly disclosed in the report. The party offering the expert shall pay the costs for the report.
(b) Unless otherwise stipulated in writing by the parties or ordered in writing by the presiding officer, the disclosures required by 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 R151-4-504(1)(a), within 60 days after the disclosure made by the other party.
(c) If either party fails to file its disclosure within the time frames in 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 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 provisions of Rule 26 of the Utah Rules of Civil Procedure.
(b)(i) The disclosures required by 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 R151-4-504(2)(a).
(iii) An objection not timely made is waived.