Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Oct 2007
    Posts
    10

    Default Discovery Rules in Utah

    My question pertains to discover procedure in the State of Utah.

    Just a quick over view. I filed a suit against an individual for breach of contract, in a lease to own , involving some heavy equipment. He did not pay for over nine months, as it took time for me to track down the equipment to take possession of it; which I have now done.

    However I do have minor clerical error in the contract showing the starting date of end date as the same date. However everything else is in place such as the consideration which shows what is to be paid on which months and the total to be paid.

    The individual responded Pro se to my complaint, admitting that he owes the said amount and that he has been late on payments. However he denies that we have valid contract stating that it had expired and that we have an oral agreement which supersedes the written contract and is more recent.

    This is his Affirmative Defense:

    "16. Defendant would like to request mediation to agree upon terms to finish payments and obtain ownership of equipment. As both the plaintiff and defendant have been in communication about this defendants that coming to an agreement and writing up terms should be an easy resolve to the case."

    Wow that is all I have to say.

    This is Counter claim:

    "17. As a result the many times that the plaintiff has agreed to return the equipment and allow payments to resume, defendant has scheduled many jobs to use the equipment and the lost these jobs with not equipment to do them as the defendant then loses any way to get in touch with the plaintiff"

    I am not to worried about this as I have hold harmless clause in the lease, which pertains to taking back the equipment.

    This is his request:

    "18. I as the court to order mediation before going any further"
    "19. I also ask for such relief as the court finds equitable and just"


    I do have a mediation clause in my agreement but that only pertains to claims he has against me, it excludes any claims that I may have on money owed to me.

    I am ready to go to the discovery phase but I have two concerns. The first being he states he is going to claim bankruptcy. He has just come out 7 year post bankruptcy and has managed to gather two judgments for a total of 15k in the last year. The second is the Utah discover rules.
    I want to try and setup my Discover process for two thing, max return on my judgment and getting my judgment to survive the bankruptcy should he file. The latter may be difficult but I think i have good chance as the individual has:

    •Listed assets that where in fact liabilities on paperwork to obtain financing.
    •Stated he had a house and was at one point trying to refinance to pay back payment, but claims he has now had to "transfer" the house into his brother's name because of issues with his ex wife.
    •Tried to sign over titles of property that had liens against them.
    •Has other assets such trailers and snowmobiles that are held by third parties . His brother again.

    Here is State of Utah Discover Rule, I have skipped over some item for brevity.

    Rule 26. General provisions governing discovery.

    (a) Required disclosures; Discovery methods.
    (a)(1) Initial disclosures. Except in cases exempt under subdivision (a)(2) and except as otherwise stipulated or directed by order, a party shall, without awaiting a discovery request, provide to other parties:
    Unless otherwise stipulated by the parties or ordered by the court, the disclosures required by subdivision (a)(1) shall be made within 14 days after the meeting of the parties under subdivision (f). Unless otherwise stipulated by the parties or ordered by the court, a party joined after the meeting of the parties shall make these disclosures within 30 days after being served. A party shall make initial disclosures based on the information then reasonably available and is not excused from making disclosures because the party has not fully completed the investigation of the case or because the party challenges the sufficiency of another party's disclosures or because another party has not made disclosures.
    (a)(2) Exemptions.
    (a)(2)(A) The requirements of subdivision (a)(1) and subdivision (f) do not apply to actions:
    (a)(2)(A)(i) based on contract in which the amount demanded in the pleadings is $20,000 or less;
    (a)(2)(A)(ii) for judicial review of adjudicative proceedings or rule making proceedings of an administrative agency;
    (a)(2)(A)(iii) governed by Rule 65B or Rule 65C;
    (a)(2)(A)(iv) to enforce an arbitration award;
    (a)(2)(A)(v) for water rights general adjudication under Title 73, Chapter 4; and
    (a)(2)(A)(vi) in which any party not admitted to practice law in Utah is not represented by counsel.

    There are Pro se parties and my suit is for 20,600.00
    Does the exemption to (a)(1) have to be meet by anyone of the above or all of the above, now meaning that you have to follow subpart (b)? Correct?

    (a)(2)(B) In an exempt action, the matters subject to disclosure under subpart (a)(1) are subject to discovery under subpart (b).
    (f) Discovery and scheduling conference.
    The following applies to all cases not exempt under subdivision (a)(2), except as otherwise stipulated or directed by order.
    (b) Discovery scope and limits. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:
    (b)(1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

    http://www.utcourts.gov/resources/ru...p/urcp026.html

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Discovery Rules in Utah

    What's your question?

    1. Sponsored Links
       

Similar Threads

  1. Discovery: Discovery Rules for Texas
    By HSTeacher1 in forum Civil Procedure
    Replies: 1
    Last Post: 03-11-2011, 02:51 PM
  2. Rules of Discovery in Probate Court
    By sassymom in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 06-18-2010, 09:10 AM
  3. Discovery: Florida Small Claims Discovery Rules
    By puppetjr in forum Civil Procedure
    Replies: 2
    Last Post: 04-04-2010, 12:38 PM
  4. Pretrial Procedure: Discovery Rules Of Procedure For Florida
    By puppetjr in forum Criminal Procedure
    Replies: 2
    Last Post: 06-10-2008, 08:47 PM
  5. Expert Witnesses: Rules Of Discovery
    By KDUtah in forum Legal Practice
    Replies: 1
    Last Post: 06-03-2008, 05:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources