TRY ME!
Utah Workers Comp Discovery
Summary
In Utah workers compensation cases, the discovery phase typically remains open until the case is closed, unless the ALJ sets specific deadlines. If you believe discovery is incomplete, you can challenge the ALJs decision by highlighting the relevance of ongoing discovery. Consider filing a motion for reconsideration or an appeal, emphasizing the importance of undisclosed information and citing legal precedents like Hickman v. Taylor and Upjohn Co. V. United States. For personalized guidance, consult a local attorney.Full Conversation
a utah alj determined that when the respondents in my worker's comp case refused to turn over discovery, that no misconduct had occurred, and that discovery phase was over and not required.
Hey ****! That sounds frustrating. To understand better, did the administrative law judge (ALJ) provide any specific reasons or legal basis for determining that no misconduct occurred and that discovery was over?
no
Hi ****! It sounds like you might want to challenge the ALJ's decision. In Utah, you generally have the right to appeal such decisions. Here are some steps you can consider:
- File a motion for reconsideration with the ALJ.
- Appeal to the Utah Labor Commission's Appeals Board.
- Seek judicial review in the Utah Court of Appeals.
Would you like more details on any of these steps?
- File a motion for reconsideration with the ALJ.
- Appeal to the Utah Labor Commission's Appeals Board.
- Seek judicial review in the Utah Court of Appeals.
Would you like more details on any of these steps?
all of them
Case Rating: *
Sure, ****! Here are the steps broken down:
- Motion for Reconsideration:
- You can request the ALJ to reconsider their decision.
- Typically, you must file this motion within 20 days of the ALJ's decision.
- Appeal to the Utah Labor Commission's Appeals Board:
- If the motion for reconsideration is denied, you can appeal to the Appeals Board.
- This must be done within 30 days of the ALJ's decision or the denial of the motion for reconsideration.
- Judicial Review:
- If you disagree with the Appeals Board's decision, you can seek judicial review in the Utah Court of Appeals.
- This must be filed within 30 days of the Appeals Board's decision.
Would you like more detailed information on how to file any of these appeals specifically?
Sure, ****! Here are the steps broken down:
- Motion for Reconsideration:
- You can request the ALJ to reconsider their decision.
- Typically, you must file this motion within 20 days of the ALJ's decision.
- Appeal to the Utah Labor Commission's Appeals Board:
- If the motion for reconsideration is denied, you can appeal to the Appeals Board.
- This must be done within 30 days of the ALJ's decision or the denial of the motion for reconsideration.
- Judicial Review:
- If you disagree with the Appeals Board's decision, you can seek judicial review in the Utah Court of Appeals.
- This must be filed within 30 days of the Appeals Board's decision.
Would you like more detailed information on how to file any of these appeals specifically?
ALL OF THEM
Case Rating: *
Sure, ****! Here are the details:
- Motion for Reconsideration:
- Form: File a written motion specifying grounds for reconsideration.
- Submission: Submit to the ALJ within 20 days of the decision.
- Appeal to the Utah Labor Commission's Appeals Board:
- Form: File a notice of appeal.
- Submission: Within 30 days of the ALJ's decision or denial of reconsideration.
- Judicial Review:
- Form: File a petition for review.
- Submission: Within 30 days of the Appeals Board's decision.
Would you like specific forms or guidelines for any of these steps?
Sure, ****! Here are the details:
- Motion for Reconsideration:
- Form: File a written motion specifying grounds for reconsideration.
- Submission: Submit to the ALJ within 20 days of the decision.
- Appeal to the Utah Labor Commission's Appeals Board:
- Form: File a notice of appeal.
- Submission: Within 30 days of the ALJ's decision or denial of reconsideration.
- Judicial Review:
- Form: File a petition for review.
- Submission: Within 30 days of the Appeals Board's decision.
Would you like specific forms or guidelines for any of these steps?
all of them..
Case Rating: *
Hey ****! Here are more details on the specific forms and guidelines:
- Motion for Reconsideration:
- Form: Draft a written motion specifying the grounds for reconsideration.
- Submission: Submit to the ALJ within 20 days of the decision.
- Appeal to the Utah Labor Commission's Appeals Board:
- Form: File a notice of appeal.
- Submission: Within 30 days of the ALJ's decision or denial of reconsideration.
- Judicial Review:
- Form: File a petition for review.
- Submission: Within 30 days of the Appeals Board's decision.
Would you like the specific forms or further guidelines on how to complete these steps?
Hey ****! Here are more details on the specific forms and guidelines:
- Motion for Reconsideration:
- Form: Draft a written motion specifying the grounds for reconsideration.
- Submission: Submit to the ALJ within 20 days of the decision.
- Appeal to the Utah Labor Commission's Appeals Board:
- Form: File a notice of appeal.
- Submission: Within 30 days of the ALJ's decision or denial of reconsideration.
- Judicial Review:
- Form: File a petition for review.
- Submission: Within 30 days of the Appeals Board's decision.
Would you like the specific forms or further guidelines on how to complete these steps?
motion for reconsideration: what laws or grounds do i use to argue that discovery must be turned over, and when attorneys ignore it, it's against the law?
Case Rating: *
Hi ****! Here are some points you can consider for your motion for reconsideration regarding discovery:
- Duty to Disclose: Utah Rules of Civil Procedure Rule *(a) requires parties to disclose information and materials.
- Prejudice: Argue that failure to disclose prejudices your case.
- Misconduct: Highlight any willful or repeated refusal to comply with discovery orders.
Would you like more detailed information on any of these points?
Hi ****! Here are some points you can consider for your motion for reconsideration regarding discovery:
- Duty to Disclose: Utah Rules of Civil Procedure Rule *(a) requires parties to disclose information and materials.
- Prejudice: Argue that failure to disclose prejudices your case.
- Misconduct: Highlight any willful or repeated refusal to comply with discovery orders.
Would you like more detailed information on any of these points?
ALL OF THEM
Case Rating: *
Sure, ****! Here's a detailed breakdown for each point:
- Duty to Disclose:
- Utah Rules of Civil Procedure Rule *(a):
- Requires parties to disclose all relevant information and materials automatically.
- Non-compliance can be argued as a violation of procedural rules.
- Prejudice:
- Argument:
- Non-disclosure of critical information prevents a fair trial.
- Demonstrate how lack of discovery prejudices your ability to present a complete case.
- Misconduct:
- Highlight:
- Any willful, repeated refusals to comply with discovery orders.
- Reference specific instances where respondents ignored discovery requests.
Would you like more specific examples or case references for these points?
Sure, ****! Here's a detailed breakdown for each point:
- Duty to Disclose:
- Utah Rules of Civil Procedure Rule *(a):
- Requires parties to disclose all relevant information and materials automatically.
- Non-compliance can be argued as a violation of procedural rules.
- Prejudice:
- Argument:
- Non-disclosure of critical information prevents a fair trial.
- Demonstrate how lack of discovery prejudices your ability to present a complete case.
- Misconduct:
- Highlight:
- Any willful, repeated refusals to comply with discovery orders.
- Reference specific instances where respondents ignored discovery requests.
Would you like more specific examples or case references for these points?
IN THE UALD FOR WORKER'S COMP, DOES DISCOVERY PHASE 'END'? OR IS IT OPEN UNTIL THE CASE IS CLOSED?
Case Rating: *
Hey ****! The discovery phase in a Utah Administrative Law Judge (ALJ) case for worker's compensation doesn't have a set end date by law and is typically open until the case closes. However, the ALJ may set specific deadlines or determine that discovery is complete based on the case's progress.
Do you have any specific concerns about the ALJ's decision to end discovery in your case?
Hey ****! The discovery phase in a Utah Administrative Law Judge (ALJ) case for worker's compensation doesn't have a set end date by law and is typically open until the case closes. However, the ALJ may set specific deadlines or determine that discovery is complete based on the case's progress.
Do you have any specific concerns about the ALJ's decision to end discovery in your case?
YES
Case Rating: *
Got it, ****! It seems like your case may indeed require further legal intervention. Here are some general steps to address your concern:
- Challenge ALJ's Decision: You can argue against the ALJ’s decision to end discovery, highlighting ongoing relevance.
- File for Appeal: Explain why continued discovery is crucial for your case.
Would you like help drafting an appeal or additional points for your argument?
Got it, ****! It seems like your case may indeed require further legal intervention. Here are some general steps to address your concern:
- Challenge ALJ's Decision: You can argue against the ALJ’s decision to end discovery, highlighting ongoing relevance.
- File for Appeal: Explain why continued discovery is crucial for your case.
Would you like help drafting an appeal or additional points for your argument?
YES, AND I NEED HELP IN DEVELOPING AN ARGUMENT AS TO WHY DISCOVERY IS STILL RELEVANT TO MY CASE
Case Rating: *
Hey ****! Here are some points to develop your argument on why discovery is still relevant to your case:
- Incomplete Evidence: Demonstrate that key evidence is missing which is crucial for a fair decision.
- Material Impact: Show how the undisclosed information impacts your case's outcome.
- Legal Precedents: Cite cases where ongoing discovery was allowed due to similar circumstances.
Would you like more detailed information or assistance with specific legal precedents?
Hey ****! Here are some points to develop your argument on why discovery is still relevant to your case:
- Incomplete Evidence: Demonstrate that key evidence is missing which is crucial for a fair decision.
- Material Impact: Show how the undisclosed information impacts your case's outcome.
- Legal Precedents: Cite cases where ongoing discovery was allowed due to similar circumstances.
Would you like more detailed information or assistance with specific legal precedents?
YES
Case Rating: *
It sounds like you have a strong case for legal assistance. Would you like to be connected with local lawyers who can better assist you with your worker's compensation case?
It sounds like you have a strong case for legal assistance. Would you like to be connected with local lawyers who can better assist you with your worker's compensation case?
Detailed Information:
- Incomplete Evidence:
- Highlight any specific documents or information that have not been disclosed.
- Explain how this missing evidence is critical to proving your case.
- Material Impact:
- Detail how the absence of certain information affects the ability to present a comprehensive and fair case.
- Provide examples or scenarios demonstrating the significance of the undisclosed information.
- Legal Precedents:
- Research and provide cases where ongoing discovery was necessary for a fair trial.
- Show how these precedents apply to your situation.
Would you like to proceed with connecting to a local lawyer?
- Incomplete Evidence:
- Highlight any specific documents or information that have not been disclosed.
- Explain how this missing evidence is critical to proving your case.
- Material Impact:
- Detail how the absence of certain information affects the ability to present a comprehensive and fair case.
- Provide examples or scenarios demonstrating the significance of the undisclosed information.
- Legal Precedents:
- Research and provide cases where ongoing discovery was necessary for a fair trial.
- Show how these precedents apply to your situation.
Would you like to proceed with connecting to a local lawyer?
PROVIDE ME WITH SPECIFIC LEGAL PRECEDENT FOR ONGOING DISCOVERY
Case Rating: *
Hey ****! Here are some legal precedents that you can use to support your argument for ongoing discovery in your worker's compensation case:
- Hickman v. Taylor, * U.S. * (*): This case established that parties have the right to obtain discovery of relevant facts and materials.
- Upjohn Co. v. United States, * U.S. * (*): This case emphasized the importance of thorough discovery in complex cases.
- Utah Rules of Civil Procedure Rule *: This rule mandates ongoing disclosure of pertinent information and materials throughout the case.
Would you like to connect with a local lawyer to get more personalized assistance?
Hey ****! Here are some legal precedents that you can use to support your argument for ongoing discovery in your worker's compensation case:
- Hickman v. Taylor, * U.S. * (*): This case established that parties have the right to obtain discovery of relevant facts and materials.
- Upjohn Co. v. United States, * U.S. * (*): This case emphasized the importance of thorough discovery in complex cases.
- Utah Rules of Civil Procedure Rule *: This rule mandates ongoing disclosure of pertinent information and materials throughout the case.
Would you like to connect with a local lawyer to get more personalized assistance?
YES
Case Rating: *
Great! Let's gather some details so we can connect you with a local lawyer who can assist you further.
What's your full name?
Great! Let's gather some details so we can connect you with a local lawyer who can assist you further.
What's your full name?
Start a new chat