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Rule 26.2.Disclosures in personal injury actions

Part V: Depositions and Discovery · Last amended April 1, 2013 · Last verified July 13, 2026

In one sentenceRule 26.2 expands the standard initial disclosures for any personal-injury case, requiring the plaintiff to identify treating providers, prior health history, income and benefits information, and supporting records up front, while requiring the defendant to disclose applicable insurance coverage and related investigative materials.

Full Text of Rule 26.2

Text sizeJump to: (a) (b) (c)

(a) Scope. This rule applies to all actions seeking damages arising out of personal physical injuries or physical sickness.
(b) Plaintiff’s additional initial disclosures. Except to the extent that plaintiff moves for a protective order, plaintiff’s Rule 26(a) disclosures shall also include:
(1) A list of all health care providers who have treated or examined the plaintiff for the injury at issue, including the name, address, approximate dates of treatment, and a general description of the reason for the treatment.
(2) A list of all other health care providers who treated or examined the plaintiff for any reason in the 5 years before the event giving rise to the claim, including the name, address, approximate dates of treatment, and a general description of the reason for the treatment.
(3) Plaintiff’s Social Security number (SSN) or Medicare health insurance claim number (HICN), full name, and date of birth. The SSN and HICN may be used only for the purposes of the action, including compliance with the Medicare, Medicaid, and SCHIP Extension Act of 2007, unless otherwise ordered by the court.
(4) A description of all disability or income-replacement benefits received if loss of wages or loss of earning capacity is claimed, including the amounts, payor’s name and address, and the duration of the benefits.
(5) A list of plaintiff’s employers for the 5 years preceding the event giving rise to the claim if loss of wages or loss of earning capacity is claimed, including the employer’s name and address and plaintiff’s job description, wage, and benefits.
(6) Copies of all bills, statements, or receipts for medical care, prescriptions, or other out-of-pocket expenses incurred as a result of the injury at issue.
(7) Copies of all investigative reports prepared by any public official or agency and in the possession of plaintiff or counsel that describe the event giving rise to the claim.
(8) Except as protected by Rule 26(b)(5), copies of all written or recorded statements of individuals, in the possession of plaintiff or counsel, regarding the event giving rise to the claim or the nature or extent of the injury.
(c) Defendant’s additional disclosures. Defendant’s Rule 26(a) disclosures shall also include:
(1) A statement of the amount of insurance coverage applicable to the claim, including any potential excess coverage, and any deductible, self-insured retention, or reservations of rights, giving the name and address of the insurer.
(2) Unless the plaintiff makes a written request for a copy of an entire insurance policy to be disclosed under Rule 26(a)(1)(D), it is sufficient for the defendant to disclose a copy of the declaration page or coverage sheet for any policy covering the claim.
(3) Copies of all investigative reports, prepared by any public official or agency and in the possession of defendant, defendant’s insurers, or counsel, that describe the event giving rise to the claim.
(4) Except as protected by Rule 26(b)(5), copies of all written or recorded statements of individuals, in the possession of defendant, defendant’s insurers, or counsel, regarding the event giving rise to the claim or the nature or extent of the injury.
(5) The information required by Rule 9(l).

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.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source
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