Utah Courts

Pardon our dust!
While we move to a new website design, some pages, like this one, will look like the old website.

If you can't find what you're looking for, try our new website search.

We appreciate your patience while we move everything to the new design.

Home Page
Previous Page

Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Motion to Continue Hearing or Trial

Asking to reschedule a hearing or trial

A party can ask to reschedule ("continue") an upcoming hearing or trial by filing a Motion to Continue Hearing or Trial. It is up to the commissioner or judge to decide if the hearing or trial will be rescheduled. If it is not rescheduled the parties should plan to attend the hearing or trial.

Procedure

The process to ask to reschedule a hearing or trial differs by judicial district and by judge or commissioner.

For example, if both parties agree to reschedule, the commissioner or judge's team may organize a conference call with the parties to reschedule. Some judges or commissioners require a written request to reschedule.

Moving Party

The person asking to reschedule (the moving party) should contact the court handling the case and ask:

  • how the judge or commissioner handles requests to reschedule, and
  • if a written Motion to Continue Hearing or Trial must be filed, and what other forms must be filed with it (such as a Request to Submit for Decision and Order on Motion).

In Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear motions 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 will probably be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. A judge will not rule on a motion until the time for filing an opposition to the motion has passed and a Request to Submit for Decision has been filed.

Motions decided by a commissioner are governed by URCP 101.

See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.

It may take weeks for the court to decide the motion. The motion should be filed well ahead of the hearing or trial date. If the court has not made a decision on the motion by the date of the hearing or trial, the parties should plan to attend the hearing or trial on the originally scheduled date.

Opposing Party

If the non-moving party agrees with the Motion to Continue, they can file a Stipulation. If all parties agree ahead of time to reschedule, they can work together to call the judge or commissioner's staff to reschedule, or they can file a Stipulated Motion.

If the non-moving party does not agree with the motion they can file a Memorandum Opposing the Motion. This document should be filed and sent to the other party as soon as possible.

The commissioner or judge can make a decision on the motion at any time. The court may follow the time frames for a motion found in Rule of Procedure 7, which takes a couple of weeks. Or, the court could decide the motion sooner. See the Motions page to read how motions usually work.

Forms


Information about filing documents in existing cases by email


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

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

My case is in Judicial District 1, 2, 3 or 4 and will be heard by a commissioner

Forms for the Moving Party
Required forms for the moving party
  • Motion to Continue Hearing or Trial - Commissioner - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Continue Hearing or Trial - PDF | Word
Optional forms for the moving party
  • Affidavit with Exhibit(s) - PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary - PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and the moving party wishes to respond)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
Optional forms for the opposing party
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make in response to the moving party's motion)
  • Affidavit with Exhibit(s) - PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary - PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

My case is in Judicial District 5, 6, 7 or 8 and will be heard by a judge

Forms for the Moving Party
Required forms for the moving party
  • Motion to Continue Hearing or Trial - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • Order on Motion to Continue Hearing or Trial - PDF | Word
Optional Forms for the Moving Party
  • Stipulated Motion - PDF | Word
    (if both parties agree to the motion before it is filed)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

I don’t know what district my case is in

If you aren’t 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 is listed in the caption, the motion likely will be decided by a commissioner.

Juvenile Court

  • Motion to Continue – Juvenile Court - PDF | Word
  • Request to Submit for Decision – Juvenile Court - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)

Something else

Forms for the Moving Party
  • Motion to Continue Hearing or Trial - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • Order on Motion to Continue Hearing or Trial - PDF | Word
Optional Forms for the Moving Party
  • Stipulated Motion - PDF | Word
    (if both parties agree to the motion before it is filed)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.

Page Last Modified: 5/10/2022

Return to the top of the page Return to Top

Facebook YouTube Twitter RSS Feeds


Close ×