1. (1) A party who has made a disclosure or responded to a request for discovery with a response that was complete when made shall supplement the disclosure or amend the response to include subsequent information if:

   1. (a) ordered by the presiding officer; or
   2. (b) a circumstance described in Subsection (2) or (3) exists.

2. (2)(a) A party shall supplement disclosures if:

   1. (i) the party learns that in some material respect the information disclosed is incomplete or incorrect; and

      1. (ii) the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

   2. (b) As to testimony of an expert from whom a report is required under Section R151-4-504:

      1. (i) the duty extends to information contained in the report; and
      2. (ii) additions or other changes to this information shall be disclosed by the time the party's disclosures under Section R151-4-504 are due.

3. (3) A party shall amend a prior response to a request for production:

   1. (a) within a reasonable time after the party learns that the response is in some material respect incomplete or incorrect; and
   2. (b) if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

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)