Print Version
Previous PageFile uploaded: 10/31/2016

Rule 26.3. Disclosure in unlawfuldetainer actions.

(a) Scope.This rule applies to all actions for eviction or damages arising out of anunlawful detainer under Title 78B,Chapter 6, Part 8, Forcible Entry and Detainer when the tenant isnot a commercial tenant.

(b) Plaintiff's disclosures.

(b)(1) Disclosures served withcomplaint and summons. Instead of the disclosures andtiming of disclosures required by Rule 26(a), andunless included in the complaint, the plaintiff must serve on the defendantwith the summons and complaint:

(b)(1)(A)any written rental agreement;

(b)(1)(B)the eviction notice that was served;

(b)(1)(C)an itemized calculation of rent past due, damages,costs and attorney fees at the time of filing;

(b)(1)(D)an explanation of the factual basis for the eviction; and

(b)(1)(E)notice to the defendant of the defendant?s obligationto serve the disclosures required by paragraph (c).

(b)(2) Disclosures for occupancyhearing.

(b)(2)(A)If the plaintiff requests an evidentiary hearing to determine occupancy underSection 78B-6-810,the plaintiff must serve on the defendant with the request:

(b)(2)(A)(i) any document not yet disclosedthat the plaintiff will offer at the hearing; and

(b)(2)(A)(ii)the name and, if known, the address and telephone number of each fact witnessthe plaintiff may call at the occupancy hearing and, except for an adverseparty, a summary of the expected testimony.

(b)(2)(B)If the defendant requests an evidentiary hearing to determine occupancy, theplaintiff must serve the disclosures required by paragraph (b)(2)(A)on the defendant no less than 2 days before the hearing. The plaintiff mustserve the disclosures by the method most likely to be promptly received.

(c) Defendant's disclosures foroccupancy hearing.

(c)(1)If the defendant requests an evidentiary hearing to determine occupancy underSection 78B-6-810,the defendant must serve on the plaintiff with the request:

(c)(1)(A)any document not yet disclosed that the defendant willoffer at the hearing; and

(c)(1)(B)the name and, if known, the address and telephone number of each fact witnessthe defendant may call at the occupancy hearing and, except for an adverseparty, a summary of the expected testimony.

(c)(2)If the plaintiff requests an evidentiary hearing to determine occupancy, thedefendant must serve the disclosures required by paragraph (c)(1)on the plaintiff no less than 2 days before the hearing. The defendant mustserve the disclosures by the method most likely to be promptly received.

(d) Pretrial disclosures; objections. No later than 14 days beforetrial, the parties must serve the disclosures required by Rule 26(a)(5)(A). No later than 7 days before trial, each party must serveand file counter designations of deposition testimony, objections and groundsfor the objections to the use of a deposition and to the admissibility ofexhibits.

 

Effective November 1, 2016.