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Rule26.3. Disclosure in unlawful detainer actions.

(a)Scope. This ruleapplies to all actions for eviction or damages arising out of an unlawfuldetainer under Title 78B, Chapter 6, Part 8, ForcibleEntry and Detainer.

(b)Plaintiff's disclosures.

(b)(1) Disclosures served with complaintand summons. Insteadof the disclosures and timing of disclosures required by Rule 26(a), and unless included in the complaint, the plaintiff mustserve on the defendant with the summons and complaint:

(b)(1)(A) any written rentalagreement;

(b)(1)(B) the eviction noticethat was served;

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

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

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

(b)(2) Disclosures for evidentiaryhearing.

(b)(2)(A) If the plaintiff requests anevidentiary hearing under Section 78B-6-810, the plaintiff must serve on thedefendant with the request:

(b)(2)(A)(i) any document notyet disclosed that the plaintiff will offer at the hearing; and

(b)(2)(A)(ii) the name and, if known, theaddress and telephone number of each fact witness the plaintiff may call at theevidentiary hearing and, except for an adverse party, a summary of the expectedtestimony.

(b)(2)(B) If the defendant requests anevidentiary hearing under Section 78B-6-810, the plaintiff must serve the disclosuresrequired by paragraph (b)(2)(A) on the defendant no less than 2 days before thehearing. The plaintiff must serve the disclosures by the method most likely tobe promptly received.

(c)Defendant's disclosures for evidentiary hearing.

(c)(1) If the defendant requests anevidentiary hearing under Section 78B-6-810, the defendant must serve on theplaintiff with the request:

(c)(1)(A) any document not yetdisclosed that the defendant will offer at the hearing; and

(c)(1)(B) the name and, if known, theaddress and telephone number of each fact witness the defendant may call at theevidentiary hearing and, except for an adverse party, a summary of the expectedtestimony.

(c)(2) If the plaintiff requests anevidentiary hearing under Section 78B-6-810, the defendant must serve the disclosuresrequired by paragraph (c)(1) on the plaintiff no less than 2 days before thehearing. The defendant must serve the disclosures by the method most likely tobe promptly received.

(d)Pretrial disclosures; objections. No later than 14 days before trial, the parties must servethe disclosures required by Rule 26(a)(5)(A). No later than 7 days before trial, eachparty must serve and file counter designations of deposition testimony,objections and grounds for the objections to the use of a deposition and to theadmissibility of exhibits.

 

 

Effective May 1, 2018