1. (1) In the prehearing order the presiding officer may require each party to disclose in writing:

   1. (a)(i) the name and, if known, the address and telephone number of each individual likely to have discoverable information supporting the party's claims or defenses; and

      1. (ii) identification of the topic addressed in the information maintained by each individual; and

   2. (b)(i) a copy of each discoverable document, data compilation, and tangible thing that:

      1. (A) is in the party's possession, custody, or control; and
      2. (B) supports the party's claims or defenses; or

      3. (ii)(A) a description, by category and location, of the tangible things identified in Subsection R151-4-503(1)(b)(i); and

         1. (B) reasonable access.

2. (2)(a) The order may not require disclosure of expert testimony as governed by Section R151-4-504.

   1. (b) The order may not require the disclosure of information regarding persons or things intended to be used solely for impeachment.

3. (3)(a) Each party shall make the disclosures required by Subsection R151-4-503(1) within 14 days after the prehearing order is issued.

   1. (b) A party joined after the prehearing conference shall make these disclosures within 30 days after being served.

   2. (c) A party shall make initial disclosures based on the information then reasonably available and is not excused from making disclosures because:

      1. (i) the party has not fully completed the investigation of the case;
      2. (ii) the party challenges the sufficiency of another party's disclosures; or
      3. (iii) another party has not made disclosures.
4. (4) Disclosures required under Section R151-4-503 shall be made in writing, signed, and served.

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)