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DUCivR 9-1 ALLOCATION OF FAULT

(a) Filing Requirements.

Any party that seeks to allocate fault to a nonparty under Utah Code §§ 78B-5-817 through 823 must file:

(1) a description of the factual and legal basis on which fault can be allocated; and

(2) information known or reasonably available to the party that identifies the nonparty, including name, telephone number, address, and employer. If the identity of the nonparty is unknown, the party must state this in the filing.

(b) Disclosure Requirements.

(1) If the information in section 9-1(a) is known when filing a responsive pleading, a party's responsive pleading must include it.

(2) If the information in section 9-1(a) is unknown when filing a responsive pleading, a party must file a supplemental notice containing the information within a reasonable time after the party discovers the factual and legal basis on which fault can be allocated. The notice must be filed:

(A) by the deadline specified in the scheduling order, unless the court orders otherwise on a motion and good cause shown; and

(B) in no event later than 90 days before trial.