Kristopher K. Greenwood & Associates
Salt Lake City – Ogden
Kristopher K. Greenwood & Associates

Salt Lake City – Ogden

We Fight To Win

Experienced Divorce and Family Law Attorneys Serving All of Utah

New discovery rule in divorce cases shortens timeframe

On Behalf of | Oct 31, 2021 | Divorce

If you are unable to resolve your divorce through settlement negotiations, then you will need to prepare for litigation. This litigation can address everything from property division and spousal support to child custody and child support.

You cannot walk into these matters blindly, nor can you simply expect to know what the other side will present. Instead, you need to engage in proactive discovery. This is the process whereby the parties exchange information to learn what the other side knows. This allows each party to better build their case. In fact, the law requires that each party provide this information to the other side.

New discovery rule takes effect on November 1st

As Utah’s trial rules currently read, parties have 180 days to complete discovery. This gave ample time to gather financial records, conduct depositions, and secure expert testimony.

Starting November 1st, though, that discovery window will be cut in half, as domestic cases are being placed in their own tier for discovery purposes with an eye on fast-tracking these cases. Within 90 days of filing a petition, discovery must be conducted, which means that you’re going to need to be prepared to move your case along rather quickly.

Preparing for your divorce

With such a short timeline, you need to be proactive from the get-go in gathering everything you need for your divorce. You’ll want to ensure that you’ve gotten all your documentation gathered and ready to submit and that you’ve already spoken to any experts you intend to use. This means that from the beginning, you need a strong legal strategy so that you can provide discovery that supports it.


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