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Rule 26.4. Provisionsgoverning disclosure and discovery in contested proceedings under Title 75 ofthe Utah Code.

(a) Scope. This rule applies to all contested actions arising underTitle 75 of the Utah Code.

(b) Definition. A probate dispute is a contested action arising underTitle 75 of the Utah Code.

(c) Designation of parties, objections, initial disclosures, and discovery.

(c)(1) Designationof Parties. For purposes of Rule 26,the plaintiff in probate proceedings is presumed to be the petitioner in thematter, and the defendant is presumed to be any party who has made anobjection. Once a probate dispute arises, and based on the facts andcircumstances of the case, the court may designate an interested person asplaintiff, defendant, or non-party for purposes of discovery. Only aninterested person who has appeared on the record will be treated as a party forpurposes of discovery.

(c)(2) Objection tothe petition.

(c)(2)(A) Any oral objection made at a hearing on thepetition must then be put into writing and filed with the court within 7 days,unless the written objection has been previously filed with the court. Thecourt may for good cause, including in order to accommodate a person with adisability, waive the requirement of a writing anddocument the objection in the court record.?

(c)(2)(B) A written objection must set forth the groundsfor the objection and any supporting authority, must be filed with the court,and must be mailed to the parties named in the petition and any ?interestedpersons,? as that term is defined in Utah Code ? 75-1-201, unless the writtenobjection has been previously filed with the court.

(c)(2)(C) If the petitioner and objecting party agree toan extension of time to file the written objection, notice of the agreed upon datemust be filed with the court.

(c)(2)(D) The court may modify the timing for making anobjection in accordance with Rule 6(b).

(c)(2)(E) In the event no written objection is timely filed,the court will act on the original petition upon the petitioner?s filing of arequest to submit pursuant to Rule 7.

(c)(3) Initialdisclosures in guardianship and conservatorship matters.

(c)(3)(A) In addition to the disclosures required by Rule 26(a),and unless included in the petition, the following documents must be served bythe party in possession or control of the documents within 14 days after awritten objection has been filed:

(c)(3)(A)(i) any documentpurporting to nominate a guardian or conservator, including a will, trust, powerof attorney, or advance healthcare directive, copies of which must be servedupon all interested persons; and

(c)(3)(A)(ii) a list of less restrictivealternatives to guardianship or conservatorship that the petitioner hasexplored and ways in which a guardianship or conservatorship of the respondentmay be limited.

This paragraph supersedes Rule 26(a)(2).

(c)(3)(B) The initial disclosure documents must be servedon the parties named in the probate petition and the objection and anyone whohas requested notice under Title 75 of the Utah Code:?

(c)(3)(C) If there is a dispute regarding the validity ofan original document, the proponent of the original document must make itavailable for inspection by any other party within 14 days of the date ofreferral to mediation unless the parties agree to a different date.

(c)(3)(D) The court may for good cause modify the contentand timing of the disclosures required in this rule or in Rule 26(a)in accordance with Rule 6(b).

(c)(4) Initialdisclosures in all other probate matters.

(c)(4)(A) In addition to the disclosures required by Rule 26(a),and unless included in the petition, the following documents must be served bythe party in possession or control of the documents within 14 days after awritten objection has been filed: any other document purporting to nominate a personalrepresentative or trustee after death, including wills, trusts, and anyamendments to those documents, copies of which must be served upon allinterested persons. This paragraph supersedes Rule 26(a)(2).

(c)(4)(B) The initial disclosure documents must be servedon the parties named in the probate petition and the objection and anyone whohas requested notice under Title 75 of the Utah Code. ?

(c)(4)(C)If there is a dispute regarding the validity of an original document, theproponent of the original document must make it available for inspection by thecontesting party within 14 days of the date of referral to mediation unless theparties agree to a different date.

(c)(4)(D)The court may for good cause modify thecontent and timing of the disclosures required in this rule or in Rule 26(a)in accordance with Rule 6(b).

(c)(5) Discoveryonce a probate dispute arises. Except as provided in this rule or as otherwiseordered by the court, once a probate dispute arises, discovery will proceedpursuant to the Rules of Civil Procedure, including the other provisions of Rule 26.

(d) Pretrial disclosuresunderRule 26(a)(5). Theterm ?trial? in Rule 26(a)(5)(B) also refers to evidentiary hearings for purposes of thisrule.

 

 

Effective January 1, 2020