Simply rules state upkeep is

1 unexhaust characters

2 return dice from pool back to cards

3 gain 2 resources

4 discard and draw back up to five

How ever nothing is explicitly stated that it has to be in that order

So the question is does nute mill you before or after you discard/draw as his abiliy states opponet gains one less resource unless he discards two from the top of the deck?

In addition I need to follow up on since his ability is stated as such does it means that if you do not have 2 cards to deck out you have to lose one resource?

It looks like the order for upkeep isn't called out (although they're numbered) so it's a player's choice for when Nute effects their resource gain, either;

• Take resources (-1 unless they discard two cards), then draw up to hand size OR
• Draw up to hand size, then take resources (-1 unless they discard two cards)

if you haven't got two cards to discard, you don't discard two cards and therefore gain one fewer resource. It also impacts every opponent in a multiplayer game.

The correct answer is nobody knows for sure until FFG communicates how this plays out. Past examples would indicate you could choose the 2 mill instead of resource even if you don't have cards to mill although the wording on the card does seem to indicate you have to mill or you lose. I would follow the order of the upkeep phase as described in the rules without rearranging them until we are told we can do otherwise. The rearrangement feel a little bit like rules lawyering.

Also, WTH is Nute doing still being alive when you draw up your last few cards?

6 minutes ago, Mep said:

The rearrangement feel a little bit like rules lawyering.

Agreed - they're numbered after all.

1 hour ago, nakala said:

How ever nothing is explicitly stated that it has to be in that order

They're numbered. That seems reasonable as far as order goes.

I would say you chose to discard before you draw cards to return your hand size to limit.

Consider: If I have 7 cards left, no cards in hand and one card in my deck will win me the game, if I draw 5 cards and don't draw that winning card, I just take 1 resource. That order allows the choice to be made after the player making that choice is provided more game state information. What if I draw a card that costs 2 or 3, would a then discard cards armed with that knowledge?

The upkeep phase is numbered for a reason. You perform the steps of the upkeep phase in the order presented (p13 RRG). Gaining resources is step 3, before you discard and draw back up to your hand size, so Nute's ability would occur in step 3. And given the way his ability is worded, if you don't have 2 cards to discard, you get one less resource. Unless is the operative word, and distinguishes this from other cards that allow your opponent to choose the zero option. Much like Force Illusion, where if you try to use it to stop 4 damage, but only have 3 cards, you lose the 3 cards and don't stop any damage.