Utah Divorce

Utah Divorce, Utah Alimony, Utah Child Custody, Utah Child Support, Utah Termination of Parental Rights

Important Disclosure Requirements for Domestic Relations Actions

Parties in divorce and other domestic relations actions need to be ready to provide information to the opposing party soon after the action is filed with the court.  Rules 26.1 and 26 of the Utah Rules of Civil Procedure require prompt, thorough disclosures of evidence and witnesses and the preparation of a detailed financial declaration.  Rule 26.1 and the relevant portion of Rule 26 are set forth below.

Deadlines arrive quickly and must be heeded.  Failure to fully provide information and to timely meet deadlines may result in serious sanctions being awarded against a delinquent party.  It is critical for the party to cooperate with her/his legal counsel.

Rule 26.1. Disclosure and discovery in domestic relations actions.

1. Scope. This rule applies to the following domestic relations actions: divorce; temporary separation; separate maintenance; parentage; custody; child support; and modification. This rule does not apply to adoptions, enforcement of prior orders, cohabitant abuse protective orders, child protective orders, civil stalking injunctions, or grandparent visitation.
2. Time for disclosure. In addition to the disclosures required in Rule 26, in all domestic relations actions, the documents required in this rule shall be disclosed by the petitioner within 14 days after service of the first answer to the complaint and by the respondent within 28 days after the petitioner’s first disclosure or 28 days after that respondent’s appearance, whichever is later.
3. Financial declaration. Each party shall disclose to all other parties a fully completed court-approved Financial Declaration and attachments. Each party shall attach to the Financial Declaration the following:
   1. For every item and amount listed in the Financial Declaration, excluding monthly expenses, the producing party shall attach copies of statements verifying the amounts listed on the Financial Declaration that are reasonably available to the party.
   2. For the two tax years before the petition was filed, complete federal and state income tax returns, including Form W-2 and supporting tax schedules and attachments, filed by or on behalf of that party or by or on behalf of any entity in which the party has a majority or controlling interest, including, but not limited to, Form 1099 and Form K-1 with respect to that party.
   3. Pay stubs and other evidence of all earned and un-earned income for the 12 months before the petition was filed.
   4. All loan applications and financial statements prepared or used by the party within the 12 months before the petition was filed.
   5. Documents verifying the value of all real estate in which the party has an interest, including, but not limited to, the most recent appraisal, tax valuation and refinance documents.
   6. All statements for the 3 months before the petition was filed for all financial accounts, including, but not limited to checking, savings, money market funds, certificates of deposit, brokerage, investment, retirement, regardless of whether the account has been closed including those held in that party’s name, jointly with another person or entity, or as a trustee or guardian, or in someone else’s name on that party’s behalf.
   7. If the foregoing documents are not reasonably available or are in the possession of the other party, the party disclosing the Financial Declaration shall estimate the amounts entered on the Financial Declaration, the basis for the estimation and an explanation why the documents are not available.
4. Certificate of service. Each party shall file a Certificate of Service with the court certifying that he or she has provided the Financial Declaration and attachments to the other party in compliance with this rule.
5. Sanctions. Failure to fully disclose all assets and income in the Financial Declaration and attachments may subject the non-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the other party, attorney’s fees or other sanctions deemed appropriate by the court.
6. Failure to comply. Failure of a party to comply with this rule does not preclude any other party from obtaining a default judgment, proceeding with the case, or seeking other relief from the court.
7. Notice of requirements. Notice of the requirements of this rule shall be served on the Respondent and all joined parties with the initial petition.

Rule 26. General provisions governing disclosure and discovery.

1. Disclosure. This rule applies unless changed or supplemented by a rule governing disclosure and discovery in a practice area.
   1. Initial disclosures. Except in cases exempt under paragraph (a)(3), a party shall, without waiting for a discovery request, provide to other parties:
      1. the name and, if known, the address and telephone number of:
         1. each individual likely to have discoverable information supporting its claims or defenses, unless solely for impeachment, identifying the subjects of the information; and
         2. each fact witness the party may call in its case-in-chief and, except for an adverse party, a summary of the expected testimony;
      2. a copy of all documents, data compilations, electronically stored information, and tangible things in the possession or control of the party that the party may offer in its case-in-chief, except charts, summaries and demonstrative exhibits that have not yet been prepared and must be disclosed in accordance with paragraph (a)(5);
      3. a computation of any damages claimed and a copy of all discoverable documents or evidentiary material on which such computation is based, including materials about the nature and extent of injuries suffered;
      4. a copy of any agreement under which any person may be liable to satisfy part or all of a judgment or to indemnify or reimburse for payments made to satisfy the judgment; and
      5. a copy of all documents to which a party refers in its pleadings.
   2. Timing of initial disclosures. The disclosures required by paragraph (a)(1) shall be made:
      1. by the plaintiff within 14 days after service of the first answer to the complaint; and
      2. by the defendant within 28 days after the plaintiff’s first disclosure or after that defendant’s appearance, whichever is later.