Once discovery closes in your Utah divorce, child custody, or support case, it’s supposed to stay closed. The court expects both sides to be finished gathering evidence and ready for trial. But occasionally, new and unavoidable facts come to light after the discovery deadline — and when that happens, you can ask the court to reopen discovery.
Just know this: reopening discovery is not a right, it’s an exception. And it’s granted only for good cause.
The Rule: Discovery Deadlines Are Real
Under Utah Rule of Civil Procedure 26, discovery in family-law cases has a firm end date. After that cutoff:
- No more document requests or subpoenas.
- No more interrogatories or depositions.
- No more new evidence, unless it qualifies as genuinely new (not merely overlooked).
If you missed your chance because you didn’t act during discovery, that’s not “good cause.” It’s just too late.
What “Good Cause” Actually Means
Courts use “good cause” as a fairness test: was the delay truly unavoidable, and did you act promptly once you knew?
To show good cause, you generally must prove:
- The evidence or issue could not reasonably have been discovered earlier with diligence;
- You acted quickly once the new information came to light; and
- The request to reopen discovery is limited and necessary, not a fishing expedition or a delay tactic.
In other words, the court looks for responsible behavior, not regret.
Example:
You subpoenaed a bank in February for account records, followed up twice, and the bank finally produces the documents in July — after discovery closes. It’s not your fault. You’ve got a strong good-cause argument.
Counterexample:
You waited until two weeks before the discovery deadline to send the subpoena and now want extra time because the bank didn’t respond fast enough. That’s not good cause — that’s poor timing.
The Motion to Reopen Discovery
If you believe you have good cause, your attorney must file a motion for leave to reopen discovery under Rule 37(a) or the court’s general authority to manage its docket.
That motion should:
- Explain what evidence you seek to add or obtain;
- Show why it wasn’t available earlier despite diligence;
- Demonstrate why it matters (how it affects key issues); and
- Propose a narrow time extension (e.g., “14 days to depose one witness”).
Judges prefer surgical fixes, not open-ended do-overs. The narrower and more reasonable your request, the better your odds.
The Other Side Gets a Say
Expect the opposing party to object — usually arguing that you had plenty of time before and that reopening discovery will cause delay or expense.
The court will weigh both sides’ conduct. If you’ve been diligent all along, your credibility helps you. If you’ve dragged your feet or ignored prior deadlines, the odds are against you.
Even When the Court Allows It, There Are Strings Attached
If the judge grants limited additional discovery, it often comes with conditions:
- You must disclose new information immediately;
- You may be ordered to pay the other side’s fees caused by the delay;
- The extension may apply only to the specific issue or evidence identified.
The court’s goal is fairness, not a second round of discovery warfare.
Strategic Tip: Ask Early, Not Late
The best time to raise potential discovery problems is before the cutoff, not after.
If something looks delayed (a subpoena, an expert report, a late disclosure) flag it immediately. Judges are more receptive to modest extensions requested before deadlines expire than to pleas for forgiveness afterward.
Reopening discovery in a Utah family-law case isn’t easy, and it’s not meant to be.
You need to show diligence, promptness, and a clear reason why fairness demands it.
If new, material evidence surfaces after the discovery period and you’ve done everything right up to that point, the court may grant a short, focused reopening.
But if discovery closed weeks ago and you’re just now realizing what you should have asked for, the court will almost certainly say no.
Related Reading:
- [When Discovery Closes, It’s Really Closed — What That Means in Utah Family Law Cases] (https://divorceutah.com/2025/10/24/divorceutah-com-utah-family-law-discovery-deadlines/)
- [What Counts as “New Evidence” After Discovery Closes in a Utah Divorce Case] (https://divorceutah.com/2025/10/27/new-evidence-after-discovery-closes-utah-divorce-case/)
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