1. (1) Parties may obtain discovery regarding a matter that:

   1. (a) is not privileged;
   2. (b) is relevant to the subject matter involved in the proceeding; and

   3. (c) relates to a claim or defense:

      1. (i)(A) of the party seeking discovery; or

         1. (B) of another party;
      2. (ii) that is set forth in a pleading; and
      3. (iii) that is brought pursuant to a statement of fact, information, or belief.

2. (2)(a) Subject to Subsection R151-4-502(3) and Section R151-4-504, a party may obtain discovery of documents and tangible things otherwise discoverable under Subsection R151-4-502(1) and prepared in anticipation of litigation or for hearing by another party or for another party or by that party's representative or for that party's representative, including the party's attorney, consultant, insurer or other agent, only on a showing that the party seeking discovery:

   1. (i) has substantial need of the materials in the preparation of the case; and

      1. (ii) is unable without undue hardship to obtain the substantial equivalent of the materials by other means.
   2. (b) In ordering discovery of materials described in Subsection R151-4-502(2)(a), the presiding officer shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney of a party.
3. (3) Discovery of facts known and opinions held by experts, otherwise discoverable under Subsection R151-4-502(1) and acquired or developed in anticipation of litigation or for hearing, may be obtained only through the disclosures required by Section R151-4-504.

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Last Change: January 10, 2024

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)