Prisbrey v. Prisbrey, 2026 UT App 39 (Mortensen, J.)

Family Law

The Utah Court of Appeals held:

The district court abused its discretion by admitting evidence that was disclosed over six months after the deadline because rule 26(d)(4) of the Utah rules of civil procedure mandates exclusion of untimely initial disclosures unless the disclosing party can prove the failure was harmless or justified by good cause.

Practice tip:

Good cause is not demonstrated by a party arguing that the evidence is integral to their case, a party must demonstrate a valid justification for why the disclosure was delayed.

Practice tip:

A late disclosure is not rendered harmless merely because the opposing party is familiar with the documents and not surprised by the contents.

Practice tip:

Appellate attorneys should present a clear picture of the facts and argument to the court, including citations to the record. Appellate attorneys should not assume that it is the court’s burden to comb through the record for evidence supporting their arguments.

Read the full court opinion

by The Appellate Group

2026, Q1

The Appellate Group