UTAH: E-DISCOVERY RULE(S)
Utah Rules of Civil Procedure:
Utah adopted the Federal Rules of Civil Procedure amendments in 2007. Subsequently, Utah amended Rules 16, 26, 34, and 37, effective 11/01/11. Rule 16: An added provision specifies that, at a pretrial conference, the court may grant an extension for fact discovery. Rule 26: Two changes are important. First, the meet and confer provision adopted in 2007 was repealed. Second, the “proportionality” standard was added. As to e-discovery, “A party claiming that [ESI] is not reasonably accessible because of undue burden or cost shall describe the source of the [ESI], the nature and extent of the burden, the nature of the information not provided, and any other information that will enable other parties to evaluate the claim.” Rule 34: A provision providing specifications for the production of ESI was added. Rule 37: The amended rule incorporates the Rule 26 standard of “proportionality” as the primary criterion for motions to compel or for a protective order.
Rule 16, Rule 26, Rule 34, Rule 37, Rule 45.