Utah Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Utah?

In Utah, expert discovery is governed by the Utah Rules of Civil Procedure, which align closely with federal practices. According to Utah R. Civ. P. 26(a)(4), parties intending to call expert witnesses must disclose the expert’s identity. For retained experts or those whose primary duties involve giving expert testimony, a comprehensive written report must accompany the disclosure. This report includes the expert’s opinions, the basis and reasons for them, data considered, and any exhibits used. Additionally, it must detail the expert’s qualifications, a list of cases they testified in over the last four years, and the compensation to be paid. Non-retained experts, such as treating physicians, require a summary of the facts and opinions expected in their testimony.

Utah follows a framework similar to Federal Rule of Civil Procedure 26(b)(4), with significant protections for drafts and communications under Utah R. Civ. P. 26(b)(7). This rule protects draft reports and attorney-expert communications, except for factual data or assumptions provided by counsel or compensation details. The scope is limited to testifying experts, and consulting experts remain protected unless exceptional circumstances justify their discovery.

Timing and Procedure for Expert Discovery in Utah

Expert discovery in Utah occurs after the close of fact discovery. Under Utah R. Civ. P. 26(a)(4)(C), the party bearing the burden of proof must disclose expert reports seven days after the close of fact discovery. The opposing party follows with disclosures 28 days later. If a rebuttal expert is necessary, disclosures must occur 14 days after the opposing party’s expert disclosure.

The procedural steps include:

• Exchange of Expert Information: Disclosures must include comprehensive reports for retained experts or summaries for non-retained experts.
• Depositions: Once reports are disclosed, experts may be deposed with a time limit of seven hours, to be completed within 28 days after report disclosure.
• Supplementation Duty: Parties are obligated to update expert disclosures if new information emerges, as mandated by Utah R. Civ. P. 26(d).

What Methods of Expert Discovery Are Permitted in Utah?

Utah permits several methods of expert discovery, including depositions, written interrogatories, and requests for production. Discovery is primarily focused on testifying experts, with extensive protections for consulting experts unless a court order or exceptional circumstances warrant further inquiry.

Under Utah R. Civ. P. 26(b)(7), there are robust protections for work-product, shielding draft reports and communications between attorneys and experts. However, facts or data provided by counsel or compensation details are not protected and may be discoverable.

Limits on Discovery of Expert Materials and Communications

Utah’s approach to expert discovery places significant limits on the discovery of draft reports and attorney-expert communications. Drafts are protected under Utah R. Civ. P. 26(b)(7), ensuring that only specific facts and assumptions shared with the expert are discoverable. Attorney-expert communications are similarly shielded, with exceptions for facts or data provided by counsel or compensation information.

Exceptions to these protections include materials that reveal bias or reliance materials and essential facts or data considered by the expert. Utah courts adhere to these distinctions, maintaining a balance between discovery needs and protecting the integrity of expert work product.

Consequences for Noncompliance or Discovery Violations

Failure to comply with expert discovery rules in Utah can result in significant sanctions. Under Utah R. Civ. P. 37(f), noncompliance may lead to the exclusion of the expert’s testimony unless the failure to disclose was justified or harmless. Other potential remedies include continuances, monetary sanctions, or other court orders to rectify the violation.

Courts in Utah enforce these rules stringently, emphasizing the importance of adherence to procedural requirements to ensure fairness and transparency in litigation.

Relevant Rules and Legal Authority in Utah

The primary rules governing expert discovery in Utah are:

• [Utah R. Civ. P. 26(a)(4)](https://legacy.utcourts.gov/rules/view.php?type=urcp&rule=26): Outlines expert report requirements and timing for disclosures.
• Utah R. Civ. P. 26(b)(7): Protects draft reports and attorney-expert communications.
• Utah R. Civ. P. 26(d): Mandates supplementation of expert disclosures.
• [Utah R. Civ. P. 37(f)](https://legacy.utcourts.gov/rules/view.php?type=urcp&rule=37): Provides for sanctions, including exclusion, for discovery violations.

These rules collectively ensure a structured approach to expert discovery in Utah, mirroring federal practices while incorporating state-specific nuances.