Expert Witnesses in Utah
Under Utah Rule of Evidence 702, a witness who is qualified by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's specialized knowledge will help the trier of fact understand the evidence or determine a fact in issue, and the testimony satisfies the rule's reliability requirements.
Rules Governing Disclosure
Under the current version of Utah Rule of Civil Procedure 26(a)(4) (effective May 7, 2025), any party intending to present expert testimony at trial must make automatic expert disclosures without waiting for a discovery request.
For any witness who is retained or specially employed to provide expert testimony (or whose regular job duties involve giving expert testimony), the disclosing party must provide:
1. The expert's name and qualifications, including a list of publications authored within the preceding 10 years; and a list of cases in which the expert testified at trial or by deposition during the preceding four years.
2. a brief summary of the opinions the expert is expected to offer;
3. the facts, data, and other case-specific information the expert relied upon in forming those opinions; and
4. the expert's compensation for study and testimony.
Further discovery may be obtained from an expert witness either by deposition or by written report. If a written report is elected, it must be signed by the expert and contain a complete statement of all opinions the expert will offer at trial and the basis and reasons for them.
Under Utah Rule of Civil Procedure 26(a)(4)(C), the timing of expert disclosures depends on which party bears the burden of proof. The party with the burden of proof must serve its initial expert disclosure under Rule 26(a)(4)(A) within 14 days after the close of fact discovery. The opposing party must then serve its expert disclosure within 14 days after the later of either the due date for the burden party's disclosure or the service of the burden party's expert report or completion of the expert's deposition, depending on the method of expert discovery elected. Finally, the burden party may disclose any rebuttal experts within 14 days after the later of the opposing party's election deadline or the service of the opposing expert's report or completion of that expert's deposition.
Admissibility Standards
Utah's admissibility standard for expert testimony is governed primarily by Utah Rule of Evidence 702. Rather than adopting the federal Daubert standard or the older Frye test, Utah follows its own "threshold reliability" approach. Although Utah trial courts serve as gatekeepers, the burden for admitting expert testimony is generally viewed as less demanding than under the federal Daubert standard.
Under Rule 702(a), an expert may testify if the witness is qualified by knowledge, skill, experience, training, or education, and the expert's scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or determining a fact in issue.
For testimony based on scientific, technical, or other specialized principles or methods, Rule 702(b) requires the proponent to make a threshold showing that:
I. the principles or methods underlying the testimony are reliable;
II. the testimony is based on sufficient facts or data; and
III. the principles or methods have been reliably applied to the facts of the case.
Unlike the federal Daubert standard, Utah does not require the trial court to conduct an exhaustive reliability analysis in every case. Instead, the court's role is to determine whether the proponent has made a sufficient threshold showing of reliability.
Attorney–Expert Communication Protection
Utah provides substantial protection for communications between attorneys and testifying experts. However, the protection is not absolute. Attorney-expert communications remain discoverable to the extent they concern:
a. the expert's compensation for study or testimony;
b. facts or data that the attorney provided and that the expert considered in forming the opinions; or
c. assumptions supplied by the attorney that the expert relied upon in reaching the opinions.
Compensation
Under Utah Rule of Civil Procedure 26(a)(4)(A), when a party discloses a retained expert, it must disclose the expert's compensation for study and testimony as part of the initial expert disclosure. This allows the opposing party to explore potential bias or financial incentives during cross-examination.
Utah follows a cost-shifting approach for expert depositions. Under Rule 26(a)(4)(B):
i. if an opposing party elects to depose a retained expert rather than request a written report, the deposition may not exceed four hours; and
ii. the party taking the deposition must pay the expert's reasonable hourly fee for attending the deposition.
Limits on Number of Expert Witnesses
Utah does not impose a numerical limit o n the number of expert witnesses that a party may disclose or present at trial. Neither the Utah Rules of Civil Procedure nor the Utah Rules of Evidence set a maximum number of experts per party or per issue.
That said, the absence of a numerical cap does not mean a party may present unlimited expert testimony. Utah courts retain broad discretion to manage expert evidence through the Rules of Evidence and the Rules of Civil Procedure.
Out-of-State Expert Qualification
Utah does not have a rule that requires an expert witness to be licensed in Utah simply because the expert is testifying in a Utah court. Instead, expert qualification is governed by Utah Rule of Evidence 702, which focuses on whether the witness is qualified by knowledge, skill, experience, training, or education, rather than where the witness is licensed. The expert's lack of a Utah license, standing alone, does not disqualify the witness.
