Rule 26.4.Provisions governing disclosure and discovery in contested proceedings under Titles 75, 75A, or 75B of the Utah Code

Probate cases don't start out looking like ordinary lawsuits. A petition gets filed, and there may be no opposing party at all until someone objects. Rule 26.4 exists to graft the discovery rules onto that structure. It applies to every contested action arising under Titles 75, 75A, or 75B of the Utah Code — the statutes covering wills, trusts, guardianships, and conservatorships — and it calls a contested action of that kind a "probate dispute."

Because probate cases don't come with a built-in plaintiff and defendant, the rule assigns those roles by default: the petitioner is treated as the plaintiff, and anyone who has filed an objection is treated as the defendant. The court can depart from that default and designate a particular interested person as plaintiff, defendant, or non-party for discovery purposes, but only someone who has appeared on the record counts as a party for discovery at all.

The rule also sets a fast clock for objections. An oral objection made at a hearing must be reduced to writing and filed within seven days, unless it was already on file, though the court can waive that requirement for good cause — including to accommodate a disability. A written objection has to state its grounds and any supporting authority, and it must be filed with the court and mailed to everyone named in the petition and to any "interested persons" under Utah Code section 75-1-201. If no one files a timely written objection, the case doesn't stall — the petitioner can move it forward by filing a request to submit under Rule 7.

Once an objection is on file, initial disclosures come due on a 14-day clock, and the rule spells out different document lists depending on the type of case. In guardianship and conservatorship matters, the party holding the documents must produce anything nominating a guardian or conservator — wills, trusts, powers of attorney, advance healthcare directives — along with a description of the less-restrictive alternatives to guardianship or conservatorship that have been explored. In other probate matters, the equivalent disclosure covers documents nominating a personal representative or trustee, including wills and trust amendments. Either way, these disclosures replace what Rule 26(a)(2) would otherwise require, though the court can adjust their content or timing for good cause under Rule 6(b). If a dispute arises over whether an original document is authentic, the party holding it must make it available for inspection within 14 days of the referral to mediation. Once a probate dispute is underway, ordinary discovery under the Rules of Civil Procedure — including the rest of Rule 26 — takes over, and the rule clarifies that "trial" in Rule 26(a)(5)'s pretrial-disclosure requirement also covers evidentiary hearings.