Rule 26.2.Disclosures in personal injury actions
Part V: Depositions and Discovery · Last amended April 1, 2013 · Last verified July 13, 2026
Full Text of Rule 26.2
Amendment History
Added effective December 22, 2011; amended effective April 1, 2013.
Plain-English Summary
Personal injury cases run on medical and financial detail that Rule 26's general disclosures don't capture on their own, so Rule 26.2 adds case-specific categories for any action seeking damages for physical injury or physical sickness. Unless the plaintiff seeks a protective order, the plaintiff's initial disclosures must also include every health care provider who treated or examined the plaintiff for the injury at issue, plus every other provider who treated the plaintiff for any reason in the five years before the incident — both lists with names, addresses, approximate treatment dates, and a general description of why treatment occurred. The plaintiff must also disclose Social Security or Medicare claim numbers (usable only for the litigation and related compliance purposes), any disability or income-replacement benefits received if lost wages or earning capacity are claimed, a five-year employment history if wage loss is at issue, copies of medical and out-of-pocket expense bills, investigative reports from public officials or agencies, and — subject to the work-product protection in Rule 26(b)(5) — written or recorded statements about the incident or the injury that the plaintiff or counsel holds.
The defendant's side is narrower but equally concrete: a statement of applicable insurance coverage, including potential excess coverage, deductibles, self-insured retentions, and any reservation of rights, along with the insurer's name and address (a copy of the declarations or coverage page usually suffices unless the plaintiff makes a written request for the full policy under Rule 26(a)(1)(D)); investigative reports in the defendant's, its insurer's, or its counsel's possession describing the incident; written or recorded witness statements about the incident or the injury, again subject to Rule 26(b)(5); and the information Rule 9(l) requires. Because these disclosures are automatic and specific to personal injury litigation, they front-load information — medical history, coverage limits, prior treatment — that other kinds of cases would only reach through targeted discovery requests.
Frequently Asked Questions
What kinds of cases does Utah Rule 26.2 apply to?
Any action seeking damages for personal physical injury or physical sickness.
What extra disclosures does a personal injury plaintiff have to make in Utah?
Beyond the standard Rule 26 disclosures, a plaintiff must identify treating providers for the injury at issue, other providers who treated the plaintiff in the five years before the incident, Social Security or Medicare numbers, disability or income-replacement benefits if wage loss is claimed, a five-year employment history if wage loss is claimed, medical and expense bills, relevant investigative reports, and non-privileged written or recorded statements about the incident.
Can a plaintiff avoid disclosing five years of prior medical history?
Rule 26.2(b) allows the plaintiff to move for a protective order instead of making these additional disclosures, but absent such an order, the five-year prior-treatment disclosure is automatic.
What insurance information does a defendant have to disclose in a Utah personal injury case?
The amount of applicable coverage, including potential excess coverage, any deductible or self-insured retention, reservations of rights, and the insurer's name and address. Ordinarily a copy of the declarations page suffices unless the plaintiff makes a written request for the full policy.
Are witness statements about the accident automatically disclosed?
Yes, both sides must disclose written or recorded statements of individuals regarding the incident or the injury's nature or extent, except to the extent Rule 26(b)(5)'s trial-preparation protections apply.
Why does Rule 26.2 require disclosing my Social Security or Medicare number?
The rule limits use of that information to the litigation itself, including compliance with federal Medicare, Medicaid, and SCHIP-related reporting requirements, unless the court orders otherwise.