Discovery Interrogatories from Defendant to Plaintiff with Production Requests
Note: This summary is not intended to be an all inclusive
summary of discovery law in Utah, but does include basic and other information.
Definitions
Discovery:
A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral
questioning, document production and admissions requests are generally
allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories:
Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to
the Plaintiff, Defendant or the attorney for response in writing.
The answers or responses are usually due between 20-30 days.
Deposition:
A procedure where verbal questions are
asked a Plaintiff or Defendant for immediate response. Depositions
are usually recorded by a court reporter, who swears the person to tell
the truth before questioning begins.
Production of Documents:
The method of obtaining documents from the other party relevant to the case such as all documents a party
intends to introduce at trial.
Requests for Admissions:
Written questions where you request the other party to admit or deny some relevant fact.
Objections:
Objections may be made to all discovery
questions if the questions are not relevant, or likely to lead to the discovery
of relevant evidence.
Civil Procedure Rules:
Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
Utah Rules of Civil Procedure
Utah has adopted the Utah Rules of Civil Procedure which contain
rules governing discovery. The discovery rules also apply in divorce
actions.
General provisions governing discovery.
(a) Required disclosures;
Discovery Methods:
(a)(1) Initial disclosures. Except in cases
exempt under subdivision (a)(2) and except as otherwise stipulated or directed
by order, a party shall, without awaiting a discovery request, provide
to other parties:
(a)(1)(A) the name and, if known, the address and telephone number of
each individual likely to have discoverable information supporting its
claims or defenses, unless solely for impeachment, identifying the subjects
of the information;
(a)(1)(B) a copy of, or a description by category and location of, all
discoverable documents, data compilations, and tangible things in the possession,
custody, or control of the party supporting its claims or defenses, unless
solely for impeachment;
(a)(1)(C) a computation of any category of damages claimed by the disclosing
party, making available for inspection and copying as under Rule 34 all
discoverable documents or other evidentiary material on which such computation
is based, including materials bearing on the nature and extent of injuries
suffered; and
Unless otherwise stipulated by the parties or ordered by the court,
the disclosures required by subdivision (a)(1) shall be made within 14
days after the meeting of the parties under subdivision (f). Unless otherwise
stipulated by the parties or ordered by the court, a party joined after
the meeting of the parties shall make these disclosures within 30 days
after being served. A party shall make initial disclosures based on the
information then reasonably available and is not excused from making disclosures
because the party has not fully completed the investigation of the case
or because the party challenges the sufficiency of another party's disclosures
or because another party has not made disclosures.
Rule 26(a)
(b) Scope and Limits:
Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:
(b)(1) In general. Parties may obtain discovery regarding any matter,
not privileged, which is relevant to the subject matter involved in the
pending action, whether it relates to the claim or defense of the party
seeking discovery or to the claim or defense of any other party, including
the existence, description, nature, custody, condition, and location of
any books, documents, or other tangible things and the identity and location
of persons having knowledge of any discoverable matter. It is not ground
for objection that the information sought will be inadmissible at the trial
if the information sought appears reasonably calculated to lead to the
discovery of admissible evidence.
(b)(2) Limitations. The frequency or extent of use of the discovery
methods set forth in Subdivision (a)(6) shall be limited by the court if
it determines that: (i) the discovery sought is unreasonably cumulative
or duplicative, or is obtainable from some other source that is more convenient,
less burdensome, or less expensive; (ii) the party seeking discovery has
had ample opportunity by discovery in the action to obtain the information
sought; or (iii) the discovery is unduly burdensome or expensive, taking
into account the needs of the case, the amount in controversy, limitations
on the parties' resources, and the importance of the issues at stake in
the litigation. The court may act upon its own initiative after reasonable
notice or pursuant to a motion under Subdivision (c).Rule 26(b)
(b)(4)(B) A party may discover facts known or opinions held by an expert
who has been retained or specially employed by another party in anticipation
of litigation or preparation for trial and who is not expected to be called
as a witness at trial, only as provided in Rule 35(b) or upon a showing
of exceptional circumstances under which it is impracticable for the party
seeking discovery to obtain facts or opinions on the same subject by other
means.
(b)(4)(C)(ii) With respect to discovery obtained under Subdivision (b)(4)(A)
of this rule the court may require, and with respect to discovery obtained
under Subdivision (b)(4)(B) of this rule the court shall require, the party
seeking discovery to pay the other party a fair portion of the fees and
expenses reasonably incurred by the latter party in obtaining facts and
opinions from the expert. Rule 26(b)(4)
(e) Supplementation of Responses:
A party who has made a disclosure under subdivision (a) or responded to a request for discovery with a response
is under a duty to supplement the disclosure or response to include information
thereafter acquired if ordered by the court or in the following circumstances:
(e)(1) A party is under a duty to supplement at appropriate intervals
disclosures under subdivision (a) if the party learns that in some material
respect the information disclosed is incomplete or incorrect and if the
additional or corrective information has not otherwise been made known
to the other parties during the discovery process or in writing. With respect
to testimony of an expert from whom a report is required under subdivision
(a)(3)(B) the duty extends both to information contained in the report
and to information provided through a deposition of the expert.
(e)(2) A party is under a duty seasonably to amend a prior response
to an interrogatory, request for production, or request for admission if
the party learns that the response is in some material respect incomplete
or incorrect and if the additional or corrective information has not otherwise
been made known to the other parties during the discovery process or in
writing. Rule 26(e)
(f) Discovery and Scheduling Conference:
The following applies to all cases not exempt under subdivision (a)(2), except as otherwise stipulated
or directed by order.
(f)(1) The parties shall, as soon as practicable after commencement
of the action, meet in person or by telephone to discuss the nature and
basis of their claims and defenses, to discuss the possibilities for settlement
of the action, to make or arrange for the disclosures required by subdivision
(a)(1), and to develop a stipulated discovery plan. Plaintiff's counsel
shall schedule the meeting. The attorneys of record shall be present at
the meeting and shall attempt in good faith to agree upon the discovery
plan. Rule 26(f)
Before Whom Depositions May Be Taken:
(a) Within the United States or within a territory or insular possession subject to the dominion of
the United States, depositions shall be taken before an officer authorized
to administer oaths by the laws of the United States or of the place where
the examination is held, or before a person appointed by the court in which
the action is pending. A person so appointed has power to administer oaths
and take testimony. In videotaped depositions taken pursuant to Rule 30.02(4)(B),
any lawyer or lawyer's agent can operate the equipment. Rule 28.01
(b) In a foreign country, depositions may be taken (1) on notice before
a person authorized to administer oaths in the place in which the examination
is held, either by the law thereof or by the law of the United States,
or (2) before a person commissioned by the court, and a person so commissioned
shall have the power by virtue of his commission to administer any necessary
oath and take testimony, or (3) pursuant to a letter rogatory. A commission
or a letter rogatory shall be issued on application and notice and on terms
that are just and appropriate. It is not requisite to the issuance of a
commission or a letter rogatory that the taking of the deposition in any
other manner is impracticable or inconvenient; and both a commission and
a letter rogatory may be issued in proper cases. A notice or commission
may designate the person before whom the deposition is to be taken either
by name or descriptive title. A letter rogatory may be addressed "To the
Appropriate Authority in (here name the country)." Evidence obtained in
response to a letter rogatory need not be excluded merely for the reason
that it is not a verbatim transcript or that the testimony was not taken
under oath or for any similar departure from the requirements for depositions
taken within the United States under these rules. Rule 28.02
Stipulations:
Unless the court orders otherwise, the parties
may by written stipulation
(1) provide that depositions may be taken before any person, at
any time or place, upon any notice, and in any manner and when so taken
may be used like other depositions, and
(2) modify the procedures provided by these rules for disclosure
and discovery, except that stipulations extending the time for disclosure
or discovery require the approval of the court if they would interfere
with the time set for completion of discovery or with the date of a hearing
or trial. Rule 29
Depositions:
(a) When depositions may be taken; When leave required.
(1) A party may take the testimony of any person, including a party,
by deposition upon oral examination without leave of court except as provided
in paragraph (2). The attendance of witnesses may be compelled by subpoena
as provided in Rule 45.
(2) A party must obtain leave of court, which shall be granted to
the extent consistent with the principles stated in Rule 26(b)(2), if the
person to be examined is confined in prison or if, without the written
stipulation of the parties:
(A) a proposed deposition would result in more than ten depositions
being taken under this rule or Rule 31 by the plaintiffs, or by the defendants,
or by third-party defendants;
(C) a party seeks to take a deposition before the time specified
in Rule 26(d) unless the notice contains a certification, with supporting
facts, that the person to be examined is expected to leave the state and
will be unavailable for examination unless deposed before that time. The
party or party's attorney shall sign the notice, and the signature constitutes
a certification subject to the sanctions provided by Rule 11. Rule 30(a)
(b) Notice of examination; general requirements; special notice; non-stenographic
recording; production of documents and things; deposition of organization;
deposition by telephone.
(1) A party desiring to take the deposition of any person upon oral
examination shall give reasonable notice in writing to every other party
to the action. The notice shall state the time and place for taking the
deposition and the name and address of each person to be examined, if known,
and, if the name is not known, a general description sufficient to identify
the person or the particular class or group to which the person belongs.
If a subpoena duces tecum is to be served on the person to be examined,
the designation of the materials to be produced as set forth in the subpoena
shall be attached to or included in the notice.
(2) The party taking the deposition shall state in the notice the
method by which the testimony shall be recorded. Unless the court orders
otherwise, it may be recorded by sound, sound-and-visual, or stenographic
means, and the party taking the deposition shall bear the cost of the recording.
(3) With prior notice to the deponent and other parties, any party
may designate another method to record the deponent's testimony in addition
to the method specified by the person taking the deposition. The additional
record or transcript shall be made at that party's expense unless the court
otherwise orders.
(4) Unless otherwise agreed by the parties, a deposition shall be
conducted before an officer appointed or designated under Rule 28 and shall
begin with a statement on the record by the officer that includes (A) the
officer's name and business address; (B) the date, time and place of the
deposition; (C) the name of the deponent; (D) the administration of the
oath or affirmation to the deponent; and (E) an identification of all persons
present. If the deposition is recorded other than stenographically, the
officer shall repeat items (A) through (C) at the beginning of each unit
of tape or other recording medium. The appearance or demeanor of deponents
or attorneys shall not be distorted through camera or sound-recording techniques.
At the end of the deposition, the officer shall state on the record that
the deposition is complete and shall set forth any stipulations made by
counsel concerning the custody of the transcript or recording and the exhibits,
or concerning other pertinent matters.
(5) The notice to a party deponent may be accompanied by a request
made in compliance with Rule 34 for the production of documents and tangible
things at the taking of the deposition. The procedure of Rule 34 shall
apply to the request.
(6) A party may in the notice and in a subpoena name as the deponent
a public or private corporation, a partnership, an association, or a governmental
agency and describe with reasonable particularity the matters on which
examination is requested. In that event, the organization so named shall
designate one or more officers, directors, managing agents, or other persons
who consent to testify on its behalf and may set forth, for each person
designated, the matters on which the person will testify. A subpoena shall
advise a nonparty organization of its duty to make such a designation.
The persons so designated shall testify as to matters known or reasonably
available to the organization. This Subdivision (b)(6) does not preclude
taking a deposition by any other procedure authorized in these rules.
(7) The parties may stipulate in writing or the court may upon motion
order that a deposition be taken by remote electronic means. For the purposes
of this rule and Rules 28(a), 37(b)(1), and 45(d), a deposition taken by
remote electronic means is taken at the place where the deponent is to
answer questions.
The notice of deposition required under (1) of this subsection (b)
may provide that the testimony be recorded by other than stenographic means,
in which event the notice shall designate the manner of recording and preserving
the deposition. A court may require that the deposition be taken by stenographic
means if necessary to assure that the recording be accurate. A motion by
a party for such an order shall be addressed to the court in which the
action in pending; a motion by a witness for such an order may be addressed
to the court in the district where the deposition is taken.
The notice to a party deponent may be accompanied by a request for
production of documents and tangible things at the taking of the deposition.
The procedure governing production requests shall apply to the request.
Rule 30(b)
Interrogatories
(a) Availability; procedures for use.
Without leave of court or written stipulation, any party may serve upon any other party written interrogatories,
not exceeding 25 in number including all discrete subparts, to be answered
by the party served or, if the party served is a public or private corporation,
a partnership, an association, or a governmental agency, by any officer
or agent, who shall furnish such information as is available to the party.
Leave to serve additional interrogatories shall be granted to the extent
consistent with the principles of Rule 26(b)(2). Without leave of court
or written stipulation, interrogatories may not be served before the time
specified in Rule 26(d). Rule 33(a)
(b) Answers and objections.
(1) Each interrogatory shall be answered separately and fully in
writing under oath, unless it is objected to, in which event the objecting
party shall state the reasons for objection and shall answer to the extent
the interrogatory is not objectionable.
(2) The answers are to be signed by the person making them, and
the objections signed by the attorney making them.
(3) The party upon whom the interrogatories have been served shall
serve a copy of the answers and objections, if any, within 30 days after
the service of the interrogatories. A shorter or longer time may be ordered
by the court or, in the absence of such an order, agreed to in writing
by the parties subject to Rule 29.
(4) All grounds for an objection to an interrogatory shall be stated
with specificity. Any ground not stated in a timely objection is waived
unless the party's failure to object is excused by the court for good cause
shown.
(5) The party submitting the interrogatories may move for an order
under Rule 37(a) with respect to any objection to or other failure to answer
an interrogatory. Rule 33(b)
(c) Scope; use at trial.
Interrogatories may relate to any matters which
can be inquired into under Rule 26(b), and the answers may be used to the
extent permitted by the Rules of Evidence.
An interrogatory otherwise proper is not necessarily objectionable
merely because an answer to the interrogatory involves an opinion or contention
that relates to fact or the application of law to fact, but the court may
order that such an interrogatory need not be answered until after designated
discovery has been completed or until a pretrial conference or other later
time. Rule 33(c)
Production
(a) Scope. Any party may serve on any other party a request:
(1) to produce and permit the party making the request, or someone acting on his behalf,
to inspect and copy, any designated documents (including writings, drawings,
graphs, charts, photographs, phono-records, and other data compilations
from which information can be obtained, translated, if necessary, by the
respondent through detection devices into reasonably usable form), or to
inspect and copy, test, or sample any tangible things which constitute
or contain matters within the scope of Rule 26(b) and which are in the
possession, custody or control of the party upon whom the request is served;
or
(2) to permit entry upon designated land or other property in the
possession or control of the party upon whom the request is served for
the purpose of inspection and measuring, surveying, photographing, testing,
or sampling the property or any designated object or operation thereon,
within the scope of Rule 26(b).
Rule 34(a)
(b) Procedure
(1) The request shall set forth the items to be inspected either
by individual item or by category, and describe each item and category
with reasonable particularity. The request shall specify a reasonable time,
place, and manner of making the inspection and performing the related acts.
Without leave of court or written stipulation, a request may not be served
before the time specified in Rule 26(d).
(2) The party upon whom the request is served shall serve a written
response within 30 days after the service of the request. A shorter or
longer time may be directed by the court or, in the absence of such an
order, agreed to in writing by the parties, subject to Rule 29. The response
shall state, with respect to each item or category, that inspection and
related activities will be permitted as requested, unless the request is
objected to, in which event the reasons for objection shall be stated.
If objection is made to part of an item or category, the part shall be
specified and inspection permitted of the remaining parts. The party submitting
the request may move for an order under Rule 37(a) with respect to any
objection to or other failure to respond to the request or any part thereof,
or any failure to permit inspection as requested.
(3) A party who produces documents for inspection shall produce
them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the request. Rule 34(b)
Physical and Mental Examination of Persons.
(a) Order for examination.
When the mental or physical condition (including the blood group) of a
party or of a person in the custody or under the legal control of a party
is in controversy, the court in which the action is pending may order the
party or person to submit to a physical or mental examination by a suitably
licensed or certified examiner or to produce for examination the person
in the party's custody or legal control. The order may be made only on
motion for good cause shown and upon notice to the person to be examined
and to all parties and shall specify the time, place, manner, conditions,
and scope of the examination and the person or persons by whom it is to
be made.
Rule 35(a)
(b) Report of examining physician
(1) If requested by a party against whom an order is made under Rule
35(a) or the person examined, the party causing the examination to be made
shall deliver to the person examined and/or the other party a copy of a
detailed written report of the examiner setting out the examiner's findings,
including results of all tests made, diagnosis and conclusions, together
with like reports of all earlier examinations of the same condition. After
delivery the party causing the examination shall be entitled upon request
to receive from the party against whom the order is made a like report
of any examination, previously or thereafter made, of the same condition,
unless, in the case of a report of examination of a person not a party,
the party shows that the report cannot be obtained. The court on motion
may order delivery of a report on such terms as are just, and if an examiner
fails or refuses to make a report the court may exclude the examiner's
testimony if offered at the trial.
(2) By requesting and obtaining a report of the examination so ordered
or by taking the deposition of the examiner, the party examined waives
any privilege the party may have in that action or any other involving
the same controversy, regarding the testimony of every other person who
has examined or may thereafter examine the party in respect of the same
mental or physical condition.
(3) This subdivision applies to examinations made by agreement of
the parties, unless the agreement expressly provides otherwise. This subdivision
does not preclude discovery of a report of any other examiner or the taking
of a deposition of an examiner in accordance with the provisions of any
other rule. Rule 35(b)
(c) Right of party examined to other medical reports.
At the time of making an order to submit to an examination under Subdivision (a) of this
rule, the court shall, upon motion of the party to be examined, order the
party seeking such examination to furnish to the party to be examined a
report of any examination previously made or medical treatment previously
given by any examiner employed directly or indirectly by the party seeking
the order for a physical or mental examination, or at whose instance or
request such medical examination or treatment has previously been conducted.
If the party seeking the examination refuses to deliver such report, the
court on motion and notice may make an order requiring delivery on such
terms as are just; and if an examiner fails or refuses to make such a report
the court may exclude the examiner's testimony if offered at the trial,
or may make such other order as is authorized under Rule 37. Rule 35(c)
Requests for Admissions
(1) A party may serve upon any other party a written request for
the admission, for purpose of the pending action only, of the truth of
any matters within the scope of Rule 26(b) set forth in the request that
relate to statements or opinions of fact or of the application of law to
fact, including the genuineness of any documents described in the request.
The request for admission shall contain a notice advising the party to
whom the request is made that, pursuant to Rule 36, the matters shall be
deemed admitted unless said request is responded to within 30 days after
service of the request or within such shorter or longer time as the court
may allow. Copies of documents shall be served with the request unless
they have been or are otherwise furnished or made available for inspection
and copying. Without leave of court or written stipulation, requests for
admission may not be served before the time specified in Rule 26(d).
(2) Each matter of which an admission is requested shall be separately
set forth. The matter is admitted unless, within thirty days after service
of the request, or within such shorter or longer time as the court may
allow, the party to whom the request is directed serves upon the party
requesting the admission a written answer or objection addressed to the
matter, signed by the party or by his attorney, but, unless the court shortens
the time, a defendant shall not be required to serve answers or objections
before the expiration of 45 days after service of the summons and complaint
upon him. If objection is made, the reasons therefor shall be stated. The
answer shall specifically deny the matter or set forth in detail the reasons
why the answering party cannot truthfully admit or deny the matter. A denial
shall fairly meet the substance of the requested admission, and when good
faith requires that a party qualify his answer or deny only a part of the
matter of which an admission is requested, he shall specify so much of
it as is true and qualify or deny the remainder. An answering party may
not give lack of information or knowledge as a reason for failure to admit
or deny unless he states that he has made reasonable inquiry and that the
information known or readily obtainable by him is insufficient to enable
him to admit or deny. A party who considers that a matter of which an admission
has been requested presents a genuine issue for trial may not, on that
ground alone, object to the request; he may, subject to the provisions
of Rule 37(c), deny the matter or set forth reasons why he cannot admit
or deny it.
(3) The party who has requested the admissions may move to determine
the sufficiency of the answers or objections. Unless the court determines
that an objection is justified, it shall order that an answer be served.
If the court determines that an answer does not comply with the requirements
of this rule, it may order either that the matter is admitted or that an
amended answer be served. The court may, in lieu of these orders, determine
that final disposition of the request be made at a pretrial conference
or at a designated time prior to trial. The provisions of Rule 37(a)(4)
apply to the award of expenses incurred in relation to the motion. Rule
36(a)
Compel Discovery
(a) Motion for order compelling discovery. A party, upon reasonable
notice to other parties and all persons affected thereby, may apply for
an order compelling discovery as follows:
(1) Appropriate court. An application for an order to a party may
be made to the court in which the action is pending, or, on matters relating
to a deposition, to the court in the district where the deposition is being
taken. An application for an order to a deponent who is not a party shall
be made to the court in the district where the deposition is being taken.
Rule 37(a)
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask
the other side for an extension in writing. It may also be necessary
to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important
questions to ask the other side. Don't waste your requests writing
questions that you already know the answer to.
