78B-4-305 - Stay pending motion to dismiss. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-04 > 78b-4-305

78B-4-305. Stay pending motion to dismiss.
(1) In any action commenced under the provisions of Subsection 78B-4-303(2), alldiscovery and other proceedings shall be stayed during the pendency of any motion to dismissunless the court finds upon the motion of any party that particularized discovery is necessary topreserve evidence or to prevent undue prejudice to a party.
(2) During the pendency of any stay of discovery pursuant to this section, unlessotherwise ordered by the court, any party to the action with actual notice of the allegationscontained in the complaint shall treat all documents, data compilations, and tangible objects thatare in the custody or control of the party and are relevant to the allegations, as if they were thesubject of a continuing request for production from an opposing party under Rule 34, URCP.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-04 > 78b-4-305

78B-4-305. Stay pending motion to dismiss.
(1) In any action commenced under the provisions of Subsection 78B-4-303(2), alldiscovery and other proceedings shall be stayed during the pendency of any motion to dismissunless the court finds upon the motion of any party that particularized discovery is necessary topreserve evidence or to prevent undue prejudice to a party.
(2) During the pendency of any stay of discovery pursuant to this section, unlessotherwise ordered by the court, any party to the action with actual notice of the allegationscontained in the complaint shall treat all documents, data compilations, and tangible objects thatare in the custody or control of the party and are relevant to the allegations, as if they were thesubject of a continuing request for production from an opposing party under Rule 34, URCP.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-04 > 78b-4-305

78B-4-305. Stay pending motion to dismiss.
(1) In any action commenced under the provisions of Subsection 78B-4-303(2), alldiscovery and other proceedings shall be stayed during the pendency of any motion to dismissunless the court finds upon the motion of any party that particularized discovery is necessary topreserve evidence or to prevent undue prejudice to a party.
(2) During the pendency of any stay of discovery pursuant to this section, unlessotherwise ordered by the court, any party to the action with actual notice of the allegationscontained in the complaint shall treat all documents, data compilations, and tangible objects thatare in the custody or control of the party and are relevant to the allegations, as if they were thesubject of a continuing request for production from an opposing party under Rule 34, URCP.

Renumbered and Amended by Chapter 3, 2008 General Session