Motions

Motions

A motion is a document asking the court to order something in an existing case. You cannot start a case by filing a motion. For example, if you need more time to answer a complaint or petition, you can file a motion to extend the time to answer.

This web page describes the basic procedures for motions generally under Utah Rule of Civil Procedure 7 (Motion practice) and Utah Rule of Civil Procedure 101 (Motion practice before court commissioners). Review the court rules for a full description of the requirements.

This page also lists several specific motions, but does not describe the details of those motions. The court does not have any forms for these motions, other than the generic forms listed in the Forms section. The Other Motions section contains links to webpages for particular motions for which we do have special forms.

Will Your Motion be Decided by a Judge or Commissioner?

Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures. If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. Motions decided by a commissioner are governed by URCP 101.

Motions Decided by a Judge

Moving Party

If you are the party filing the motion you are the "moving" party.

• Type or clearly print the motion. Organize the sentences into logically arranged paragraphs. Make the sentences simple and clear. If you make the documents easy to read, the judge will better understand them.
• Title the motion to say what you want the court to order. For example, if you need to ask the court to reschedule a hearing, your motion's title would be "Motion to Reschedule Hearing."
• The motion must state what you want and why you want it. Include relevant facts that support your claim, and be especially clear about what you want the judge to order.
• Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.
• You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing.
• The motion can be up to 10 double-spaced pages.

If you know the other party agrees with your motion, work with them to complete and file a Stipulated Motion.

If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum.

Opposing Party

If you agree with the motion served on you by the moving party, you may file a Stipulation. If you and the moving party agree ahead of time with a motion, work together to complete and file a Stipulated Motion. For example, you may both agree to reschedule a hearing, so you can file together a Stipulated Motion to Reschedule Hearing.

If you do not agree with the motion, complete and file a Memorandum Opposing the Motion.

• Type or clearly print the Memorandum Opposing the Motion. Make the sentences simple and clear. Organize the sentences into logically arranged paragraphs. If you make the documents easy to read, the judge will better understand them.
• The Memorandum Opposing the Motion identifies the parts of the motion you disagree with, and should present facts that the judge can use as evidence when deciding the motion.
• If you disagree with the legal arguments made in the Motion, explain in your opposing memorandum why the motion is not supported by the law.
• Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.
• You can request a hearing as part of the Memorandum Opposing the Motion. The judge might grant the request or might decide the motion based on the papers without a hearing.
• The memorandum heard by a judge can be up to 15 double-spaced pages.

If you want the judge to do something other than deny the motion, you must file your own counter motion.

Request to Submit for Decision

The motion will not be given to the judge to decide until one of the parties completes and files a Request to Submit for Decision. Either party may file a Request to Submit for Decision, but someone must do so. If one party files a Request to Submit for Decision, the other party does not.

Do not file the Request to Submit for Decision until the Reply Memorandum Supporting Motion has been filed or until after the time for filing a Reply has expired. If there is no Memorandum Opposing the Motion, then file the Request to Submit for Decision after the time for filing the opposing memorandum has expired. You may request a hearing as part of the Request to Submit for Decision. A Request to Submit for Decision must be filed even if the parties stipulate to the motion.

See the chart below for timeframes.

Hearing

If you want to present oral arguments as well as written arguments to the judge, you have to request a hearing.

If a ruling on the motion might dispose of the case, like a motion for summary judgment, then the court usually will hold a hearing if at least one of the parties requests one. If a ruling on the motion would not dispose of the case, then the judge can decide the motion based on the documents without a hearing, even if the parties have requested one. The judge can order a hearing even if neither party requests one. If one party requests a hearing and the other party does not, both parties are still allowed an opportunity to present oral arguments, if a hearing is held.

The party requesting the hearing schedules the hearing with the judge's staff. Courtesy allows that the requesting party will schedule the hearing on a date and time convenient to all parties and the court.

Documents for Motions Decided by a Judge

Motions Decided by a Commissioner

What's Different?

In Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Otherwise, all motions are assigned to judges in all judicial districts. If you are not sure whether your motion will be decided by a judge or a commissioner, contact the staff of the commissioner handling your case to find out

Even if there is a commissioner assigned to the case, some motions must be decided by a judge:

• Motion for alternative service
• Motion to waive divorce waiting period
• Motion to waive divorce education class
• Motion for leave to withdraw after a case has been certified as ready for trial

A court may also provide that other motions in domestic cases must be considered by a judge.

Only judges make final orders even if a motion is decided first by a commissioner. The commissioner recommends a decision, and that recommendation is the order of the court until it is modified by the judge. A party may object to a commissioner's recommendation by filing an objection. See the Objection to a Commissioner's Recommendation web page for information and forms.

Motions decided by a judge and motions decided by a commissioner follow different procedures, and the time for filing documents are different.

• If a motion will be decided by a commissioner, a hearing is scheduled when the motion is filed, and the documents have to be filed and served before the hearing. A Request to Submit is not filed for motions considered by a commissioner.
• If a motion will be decided by a judge, a hearing is not scheduled until after all of the documents have been filed. Also, a Request to Submit must be filed before the judge can consider the motion.

Documents for Domestic Relations Cases Decided by a Commissioner

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Exhibits

If you will be submitting exhibits with your Motion you must also file an Affidavit with the exhibit. Examples of possible exhibits include:

• tax returns
• bank statements
• receipts
• photographs
• correspondence
• calendars
• medical records
• forms

The Affidavit should describe what the document is, and establish its "foundation. " That means you have to explain how the exhibit is authentic and trustworthy.

For example, if you are submitting a copy of your tax return, you could say that it is a copy of the 2014 federal tax return you sent to the IRS.

• You may not file copies of court papers already in the court's case file such as decrees, orders, minute entries, motions, or affidavits as exhibits.
• You may file court papers from cases other than that before the court, such as protective orders, prior divorce decrees, criminal orders, information or dockets.

The total number of pages in a motion, including affidavits and exhibits, cannot exceed 25 pages. If you have lengthy or voluminous exhibits, you must make it easy for the court to review them by doing the following:

• file with the court a summary describing the contents of the exhibit and what it proves. For example, you could say it is 50 pages of text messages with the other party in which they say they won't follow the court's order. Or, that it's a collection of bank statements for the entire year of 2013 and that monthly account amounts averaged $2,000.
• serve a copy of the summary and the complete exhibit on the other party.
• bring the original or copies of the complete exhibit with you to the hearing.

There is an exception to this rule. Documents with "specific legal significance," must be submitted in their entirety, even if they are lengthy. These documents include:

• tax returns
• appraisals
• financial statements and reports prepared by an accountant
• wills
• trust documents
• contracts
• settlement agreements

Request to Submit for Decision

There is no Request to Submit for Decision if the motion will be decided by a commissioner. The hearing is set when the motion is filed, and the motion is automatically submitted for decision at the end of the hearing.

Hearing

The moving party will schedule a hearing with the commissioner's staff when the motion is filed. The moving party should schedule the hearing on a date and time convenient to all parties and the court. Check with court staff to find out whether the moving party or court staff will serve the Notice of Hearing on the other party.

If a counter motion is filed, it will be scheduled at the same hearing on the motion and no separate notice of hearing on counter motions is required.

Order

The order is the judge's or commissioner's decision on the motion. The order usually contains a statement of the facts that the court decides are true, a statement of the law, and the court's orders.

• If the judge makes a decision without a hearing or if the judge or commissioner takes the matter under advisement, the decision will usually be made within 60 days after the motion is submitted.
• If the judge or commissioner makes a decision at the end of a hearing, usually they will tell one party or the other to prepare the order. Listen carefully to what the judge or commissioner says because you may have to prepare the order, and the order has to agree with what the judge or commissioner says. You can also buy a copy of the audio recording of the hearing from the court.

The order should be prepared within 14 days after the judge's or commissioner's decision. If a party is directed to prepare the order and does not, then the other party may prepare the proposed order.

The party who prepares the proposed order must serve it on the other party. The other party should review the order to see if it correctly says what the judge or commissioner ordered.

• If the other party thinks the draft order does not correctly say what was ordered, they can file an Objection to Form of Order with the court. This document must be filed within 7 days of being served. The objection can only be that the order does not accurately reflect what the judge or commissioner ordered. The objection cannot be about the decision of judge or commissioner. The Objection to Form of Order form is available in the Forms section of this web page.
• If the other party thinks the draft order correctly says what was ordered, they can sign in the "Approved as to Form" section and either file the signed document with the court, or return it to the drafting party. The proposed order can be filed even if the other party refuses to approve it as to form.

The party preparing the order can file the order after the 7 day time period to object has passed. If the other party did not file an Objection to Form of Order, the judge or commissioner will sign the order. If the other party did file an Objection to Form of Order, the parties can try to settle the dispute about the order. Otherwise, the judge or commissioner will make a decision about the objection.

Serving the Documents

Service of motions and the supporting and opposing documents is governed by Utah Rule of Civil Procedure 5. For more information, see our webpage on Serving Papers.

Types of Motions in Civil Cases

This table includes some of the more common motions in civil cases. This is not an exhaustive list; there are others. The court does not have any forms for these motions, other than the generic forms listed in the "Forms" section. The "Other Motions" section contains links to webpages for particular motions for which we do have special forms.

Other Motions

This webpage describes motion procedures in general. See the following webpages for information and forms about a Motion ...

• Asking to Dismiss a Civil Case
• For a temporary order
• For alternative service
• For default judgment
• To appear remotely
• To appoint a parent coordinator
• To change venue
• To change venue in a domestic case (using OCAP, the Online Court Assistance Program)
• To continue hearing or trial
• Motion to Correct Clerical Mistake
• To declare a Judgment Satisfied
• To delay (stay) enforcement of a judgment
• To dismiss divorce (using OCAP, the Online Court Assistance Program)
• Motion to Enforce Order
• To Excuse mediation
• To grant divorce and decide other issues later (bifurcate divorce)
• Motion to Intervene in Adoption
• To modify child support
• To reduce conviction (402 motion)
• To renew judgment
• Motion to Set Aside Judgment
• To Shorten Period of Driver’s License Suspension or Denial
• To stay a case under the Servicemembers Civil Relief Act
• To vacate dismissal and reinstate civil case
• To waive divorce waiting period
• To waive divorce education requirements
• To waive filing fees

Forms

The forms you need depend on your case. What is your case about?

Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance

Juvenile Court

Something else

Related Information

• Filing Procedures
• Finding an Attorney
• Free Legal Clinics
• Going to Court
• Mediation
• Notice of Pronouns
• Rule of Civil Procedure 7
• Rule of Civil Procedure 101
• Rules of Civil Procedure
• Serving Papers

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