Rule 4-502. Expedited procedures for resolving discovery issues.

Intent:

To further the just, speedy, and inexpensive determination of civil actions.

Applicability:

This rule shall apply to motions and stipulations for extraordinary discovery, motions to compel discovery and motions for a discovery protective order in the district court.

Statement of the Rule:

(1) In all cases counsel shall:

(1)(A) Promptly notify the court of any stipulations for extraordinary discovery entered pursuant to Rule 26(c)(6)(A), including notice to the court of any stipulations that extend the presumptive deadlines set forth in Rule 26(c)(5). Stipulations shall be prepared on or substantially comply with the form accompanying this rule.

(1)(B) Promptly notify the court of any settlements or stipulations in the case, particularly where such settlements or stipulations may affect a pending motion or trial date.

(2) The parties shall do the following before filing with the court any discovery motion, including a Motion for Extraordinary Discovery under Utah R. Civ. P. 26(c)(6)(B), Motion to Compel under Utah R. Civ. P. 37, or Motion for Protective Order under Utah R. Civ. P. 37:

(2)(A) Meet and confer regarding the issues, in person or by telephone, and attempt in good faith to resolve or narrow the issues without court involvement.

(2)(B) File and serve on all parties a "Statement of Discovery Issues", in a form consistent with the requirements of Rule 10. The statement shall not exceed four pages and shall not include exhibits. The statement should contain at least the following:

(2)(B)(i) the precise relief sought;

(2)(B)(ii) the basis or reason for the relief sought;

(2)(B)(iii) a statement regarding proportionality under Utah R. Civ. P. 26(b)(2); and

(2)(B)(iv) a statement in compliance with Rule 26(c)(6), if applicable; and

(2)(B)(v) a certification stating that the parties have met and conferred regarding the issues and attempted in good faith to resolve or narrow the issues without court involvement.

The party shall also file and circulate in accordance with the requirements of Utah Rule of Civil Procedure 7(f)(2) a separate proposed form of Order consistent with the relief sought.

(2)(C) Within five days following service of the "Statement of Discovery Issues", any party objecting to the relief sought may file and serve a "Statement in Opposition" in a form consistent with the requirements of Rule 10. The opposition shall not exceed four pages and shall not include exhibits. The opposition should briefly address pertinent issues raised in the statement. The party shall also file a separate proposed form of Order consistent with the relief sought. The parties' written submissions will be docketed and placed in the court file.

(2)(D) Upon filing the opposition, or expiration of the time for doing so, either party may, and the party seeking relief shall, file with the court a Request to Submit for Decision under Utah R. Civ. P. 7(d).

(2)(E) The court will promptly set a telephone conference to discuss the matter, and will advise the parties by email or telephone of the date and time for the conference. The court reserves the right to decide the issue(s) without a telephone conference if it determines that a conference is unnecessary, and in its discretion, may require the appearance of counsel and/or the parties in lieu of a telephone conference.

(2)(F) The court will resolve most if not all discovery issues during or in advance of the phone conference. The court anticipates that no discovery motions will be necessary, but if appropriate, the court will use the telephone conference to set a briefing schedule for a motion addressing all unresolved issues together with a hearing date, if needed. In most circumstances, the court anticipates adopting one or the other of the proposed Orders.

(3) If the discovery deadline passes and a Certificate of Readiness for Trial has not been filed, the court may at its discretion issue an order to show cause why the case should not be dismissed. At that hearing, the court will dismiss the case without prejudice, order deadlines for specific actions to be taken, or set a trial date. If actions are not completed as ordered, the matter may be dismissed without further notice. If parties wish to stay proceedings, they should file an appropriate motion during the pendency of the case deadlines.

Stipulation for Extraordinary Discovery  PDF Document PDF Word Document Word