31A-27a-204 - Proceedings for expedited trial -- Continuance -- Evidence -- Discovery. - Utah Statutes

31A-27a-204. Proceedings for expedited trial -- Continuance -- Evidence --Discovery.
(1) (a) The receivership court shall proceed to hear the case on the petition to commencea formal delinquency proceeding:
(i) at the time and date set forth for trial;
(ii) without a jury; and
(iii) without unnecessary delay.
(b) To the extent practicable, the receivership court shall give precedence to the matterover all other matters.
(c) To the extent authorized by law, the receivership court may assign the matter toanother judge if necessary to comply with the need for expedited proceedings under this chapter.
(2) A continuance for trial shall be granted only in extreme circumstances.
(3) The receivership court shall admit as self authenticated a certified copy of thefollowing when offered by the commissioner:
(a) a financial statement made by the insurer or an affiliate;
(b) an examination report of the insurer or an affiliate made by or on behalf of thecommissioner; or
(c) any other document filed with any insurance department by the insurer or an affiliate.
(4) The facts contained in an examination report of the insurer or an affiliate made by oron behalf of the commissioner is presumed to be true as of the date of the hearing if theexamination is made as of a date not more than 270 days before the day on which the petition isfiled. The presumption:
(a) is rebuttable; and
(b) shifts the burden of production and persuasion to the insurer.
(5) Discovery:
(a) is limited to grounds alleged in the petition; and
(b) shall be concluded on an expedited basis.

Enacted by Chapter 309, 2007 General Session