(1)(a) The discovering party may move for an order compelling discovery if:
(i) a party fails to make disclosures required by a prehearing order;
- (ii) a party fails to make the disclosures required by Section R151-4-504;
- (iii) a deponent fails to answer a question;
- (iv) a corporation or other entity named as a deponent fails to designate an individual to testify pursuant to Utah Rules of Civil Procedure, Rule 30; or
- (v) a party, in response to a request for inspection under Section R151-4-514, fails to respond that an inspection will be permitted as requested or fails to permit an inspection as requested.
- (b) When taking a deposition, the proponent of a question may complete or adjourn the examination before applying for an order.
- (c) If the presiding officer denies the motion in whole or in part, the presiding officer may make a protective order that otherwise would be authorized by Section R151-4-507.
- (d) An evasive or incomplete answer is treated as a failure to answer.
(2)(a) If a party or other person fails to comply with an order compelling discovery:
(i) the department may seek civil enforcement in the district court under Section 63G-4-501; or
(ii) the presiding officer may, for good cause, issue an order:
- (A) that the related matters and facts shall be taken to be established;
- (B) refusing to allow the disobedient party to support or oppose designated claims or defenses; or
- (C) prohibiting the disobedient party from introducing designated matters in evidence;
- (D) striking out pleadings or motions, or portions of pleadings or motions;
- (E) dismissing the proceeding or a portion of the proceeding; or
- (F) rendering a judgment by default against the disobedient party.
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)