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Rule 26.1. Disclosure and discovery in domesticrelations actions.

(a) Scope. This rule applies to the followingdomestic relations actions: divorce; temporary separation; separatemaintenance; parentage; custody; child support; and modification. This ruledoes not apply to adoptions, enforcement of prior orders, cohabitant abuseprotective orders, child protective orders, civil stalking injunctions, orgrandparent visitation.

(b) Time fordisclosure. In addition to the disclosures required in Rule 26, in all domestic relations actions, the documents requiredin this rule must be served on the other parties:

(b)(1) by theplaintiff within 14 days after filing of the first answer to the complaint; and

(b)(2) by thedefendant within 42 days after filing of the first answer to the complaint orwithin 28 days after that defendant?s appearance, whichever is later.

(c) Financialdeclaration. Each party must disclose to all other parties a fullycompleted court-approved Financial Declaration and attachments. Each party mustattach to the Financial Declaration the following:

(c)(1) For every item and amount listedin the Financial Declaration, excluding monthly expenses, copies of statements verifyingthe amounts listed on the Financial Declaration that are reasonably availableto the party.

(c)(2) For the two tax years before thepetition was filed, complete federal and state income tax returns, includingForm W-2 and supporting tax schedules and attachments, filed by or on behalf ofthat party or by or on behalf of any entity in which the party has a majorityor controlling interest, including, but not limited to, Form 1099 and Form K-1with respect to that party.

(c)(3) Pay stubs and other evidence ofall earned and un-earned income for the 12 months before the petition wasfiled.

(c)(4) All loan applications andfinancial statements prepared or used by the party within the 12 months beforethe petition was filed.

(c)(5) Documents verifying the value ofall real estate in which the party has an interest, including, but not limitedto, the most recent appraisal, tax valuation and refinance documents.

(c)(6) All statements for the 3 monthsbefore the petition was filed for all financial accounts, including, but notlimited to checking, savings, money market funds, certificates of deposit,brokerage, investment, retirement, regardless of whether the account has beenclosed including those held in that party?s name, jointly with another personor entity, or as a trustee or guardian, or in someone else?s name on thatparty?s behalf.

(c)(7) If the foregoing documents arenot reasonably available or are in the possession of the other party, the partydisclosing the Financial Declaration must estimate the amounts entered on theFinancial Declaration, the basis for the estimation and an explanation why thedocuments are not available.

(d) Certificate ofservice. Each party must file a Certificate of Service with the courtcertifying that he or she has provided the Financial Declaration andattachments to the other party.

(e) Exemptedagencies. Agencies of the State of Utah are not subject to these disclosurerequirements.

(f) Sanctions. Failure to fully disclose all assetsand income in the Financial Declaration and attachments may subject thenon-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the otherparty, attorney?s fees or other sanctions deemed appropriate by the court.

(g) Failure tocomply. Failure of a party to comply with this rule does not preclude anyother party from obtaining a default judgment, proceeding with the case, orseeking other relief from the court.

(h) Notice of requirements. Notice of the requirements of thisrule must be served on the Respondent and all joined parties with the initialpetition.

Advisory Committee Notes

 

EffectiveNovember 1, 2016.