Guide: Initial Disclosures Form
What are Initial Disclosures?
Utah law requires that you submit what are called “initial disclosures” to the other party in your case. (See Utah Rule of Civil Procedure 26(a)(a)(1) and 26.1(c)). The other party must do the same. This guide provides a description of the information and materials you must disclose. Remember that these are only initial disclosures and you can supplement them later. However, it is important to remember that all disclosures must be made before the "fact discovery deadline", which is usually 90 days after the opposing party has responded to the petition.
Witnesses
You must provide a list of persons you may call as witnesses at trial—if that becomes necessary in your case. Examples include persons who have witnessed your parenting style and ability, persons who have witnessed incidents that occurred in your relationship which you want the judge to know about, knowledgeable relatives and friends, health and medical professionals, accountants, case workers, law enforcement agencies and personnel, and any other persons who have direct, first-hand knowledge of the facts and circumstances of your case. You need to provide the name, address, and phone number of these witnesses, and a summary of what you expect they will say if called to testify. We will not contact these people without first requesting your permission.
It is very important to timely disclose your witnesses to the other party because the judge will not allow those persons to testify at trial otherwise. Failure to disclose could mean losing your case.
The court's standard form only includes room for three witnesses. However, we can list as many witnesses as you want on a supplemental form. Let us know if you have more than three witnesses.
Documents Supporting Your Case & Electronically Stored Information
You must disclose any evidence which you may want to show the judge at trial. Examples include any documents, reports, witness statements, letters, e-mails, text messages, photographs, and audio and video recordings that you think are important in your case. Again, it is very important to timely disclose evidence to the other party because the judge will not consider the evidence otherwise.
Deadline to Complete Your Initial Disclosures
Please complete your initial disclosures form as soon as possible. Please be aware that there is a deadline to submit these disclosures to the other party. Each party must submit their disclosures within 14 days of an answer being filed in the case.
If you need help completing your financial declaration, please feel free to call our office at (801) 999-0104
JOSHUA R. LUCHERINI, ESQ.
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