URCP 16 – requires the Court to direct mediation or “other ADR process”, grants the court more control over the scheduling order in a case and allows the court to sanction a party for violating any orders, not just discovery violations
All fact witnesses who may or will be called at trial and short summary of testimony;
Copies of all documents a party will offer in its case in chief must be produced;
Computation of damages plus all supporting documents produced;
A copy of any insurance policy that may indemnify a party; and
Any documents referenced in pleadings.
In Personal Injury Cases, all of the above, plus the following:
Plaintiff’s medical providers in the 5 years before the accident;
Plaintiff’s SSN and HICN;
Description of all disability or income replacement benefits paid;
Plaintiff’s employers for 5 years before accident;
Copies of bills;
Police report or other investigative report prepared by a government entity;
Copies of all recorded statements.
Initial Disclosures are due by Plaintiff within 14 days after Defendant’s Answer and Defendant’s Disclosures are due 28 days after Plaintiff’s Initial Disclosures;
Disclosures shall be provided without a specific request.
Disclosures shall contain the (1) name of the expert, (2) list of publications, (3) brief statement of testimony, (4) all data relied upon by the expert, and (5) compensation to be paid.
Once the disclosure is made, the other side may either depose the expert or elect a report – not both
Pre-Trial and/or pre-suit retention of experts are protected by work product doctrine by Rule 26(b)(5)
Fault Allocation/Comparative Negligence:
Statutes Of Limitation:
Within three (3) years for trespass, or injury to real property, injury to personal property, fraud or mistake. U.C.A. §78B-2-305.
Jury Composition And Rules:
Juries are comprised of eight (8) members unless the case value is less than $20,000. If the value is less than $20,000 then the parties are only entitled to a four (4) person jury (Four (4) person juries are very rare). U.C.A. 78B-1-104;
Collateral Source Rule:
Recovery is NOT reduced by amounts which the plaintiff receives from another source. Generally, the only offset received will be for PIP benefits paid, but not for amounts paid by health insurers or other “collateral” sources. DuBois v. Nye, 584 P.2d 823 (Utah 1978).
At trial, generally state court judges allow evidence of all medical expenses, even if those expenses were paid by a “collateral source”. Thus, a Plaintiff is generally allowed to introduce the full amount of medical expenses “incurred”, not just the amounts “paid” by the collateral source.
Mandated Minimum Policy Limits For Motor Vehicle Operation:
If the amount agreed upon is less than $10,000, the settlement can be accomplished by delivering the payment to (1) the minor (but only if he/she is married), (2) any person having custody, control or care of the minor and with whom the minor resides, or (3) a guardian of the minor. U.C.A. §75-5-102.
Attorney Fee Claims:
Offer Of settlement:
An offer of settlement (formerly offers of judgment) is an offer made to resolve all claims in the action between the parties to the date of the offer, including costs, interest and, if attorney’s fees are permitted by law or contract, attorneys fees. U.R.C.P. 68(a);
If the adjusted award (i.e. the amount awarded by the fact finder and the offeree’s costs and interests before the offer was made), is not more favorable than the offer, the offeror is not liable for costs, prejudgment interest or attorney fees incurred by the offeree after the offer and the offeree shall pay the offeror’s costs incurred after the offer. U.R.C.P. 68(b);
The offer shall be in writing, shall expressly identify Rule 68, be made more than ten (10) days before trial, remain open for at least ten (10) days; and be served on the offeree under Rule 5. U.R.C.P. 68(c).
Section 321 Arbitrations:
In automobile bodily injury cases the Plaintiff can elect to arbitrate, rather than litigate. It is generally understood that this will streamline discovery, reduce costs, and obtain a quick resolution. U.C.A. §31A-22-321.
Economic Loss Rule:
Inadmissibility of seat belt use:
PIP Threshold requirements:
Dog bite liability:
Strict liability for owners and keepers of dogs. Every person owning or keeping a dog shall be liable in damage committed for injury by the dog and it shall not be necessary to allege or prove that the dog had a vicious disposition or that the owner or keeper knew that the dog was vicious or mischievous. No “One Bite Rule” in Utah. U.C.A. §18-1-1.
The injured person’s actions or negligence can be apportioned despite strict liability.
This rule only applies to dogs, not other domesticated animals (like cats).
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