Utah Courts
URJP Rule 19A (Rules of Juvenile Procedure)
URJP Rule 19A (Rules of Juvenile Procedure)
Rule 19A. Motions and Orders.
(a) Motions. A request for an order must be made by motion. The motion must be in writing unless made during a hearing or trial, must state the relief requested, and must state the grounds for the relief requested. A written motion, other than one which may be heard ex parte, and notice of the hearing shall be served not later than seven days before the time specified for hearing, unless a different period is fixed by these rules or by court order.
(b) Name and content of motion.
(b)(1) The rules governing captions and other matters of form in pleadings apply to motions and other papers. The moving party must title the motion substantially as: “Motion [short phrase describing the relief requested].” The motion must include the supporting memorandum. The motion must include under appropriate headings and in the following order:
(b)(1)(A) A concise statement of the relief requested and the grounds for the relief requested and
(b)(1)(B) One or more sections that include a concise statement of the relevant facts claimed by the moving party and argument citing authority for the relief requested.
(b)(2) If the moving party cites documents or materials of any kind, relevant portions of those documents or materials must be attached to or submitted with the motion.
(b)(3) The motion may not exceed 25 pages, not counting attachments unless a longer motion is permitted by the court.
(c) Name and content of memorandum opposing the motion.
(c)(1) A nonmoving party may file a memorandum opposing the motion within 14 days after the motion is filed unless otherwise ordered by the Court. The nonmoving party must title the memorandum substantially as “Memorandum opposing motion [short phrase describing the relief requested].” The memorandum must include under appropriate headings and in the following order:
(c)(1)(A) A concise statement of the party’s preferred disposition of the motion and the grounds supporting that disposition;
(c)(1)(B) One or more sections that include a concise statement of the relevant facts claimed by the nonmoving party and argument citing authority for that disposition; and
(c)(1)(C) Objections to evidence in the motion, citing authority for the objection.
(c)(2) If the nonmoving party cites documents or materials of any kind, relevant portions of those documents or materials must be attached to or submitted with the memorandum.
(c)(3) The memorandum may not exceed 25 pages, not counting attachments, unless a longer memorandum is permitted by the court.
(d) Name and content of reply memorandum.
(d)(1) Within 7 days after the memorandum opposing the motion is filed, unless otherwise ordered by the Court, the moving party may file a reply memorandum, which must be limited to rebuttal of new matters raised in the memorandum opposing the motion. The moving party must title the memorandum substantially as “Reply memorandum supporting motion [short phrase describing the relief requested].” The memorandum must include under appropriate headings and in the following order:
(d)(1)(A) A concise statement of the new matter raised in the memorandum opposing the motion;
(d)(1)(B) One or more sections that include a concise statement of the relevant facts claimed by the moving party not previously set forth that respond to the opposing party’s statement of facts and argument citing authority rebutting the new matter
(d)(1)(C) Objections to evidence in the memorandum opposing the motion, citing authority for the objection; and
(d)(1)(D) Response to objections made in the memorandum opposing the motion, citing authority for the response.
(d)(2) If the moving party cites any documents or materials, relevant portions of those documents or materials must be attached to or submitted with the memorandum.
(d)(3) The reply memorandum may not exceed 15 pages, not counting attachments, unless a longer reply memorandum is permitted by the court.
(e) Objection to evidence in the reply memorandum; response. If the reply memorandum includes an objection to evidence, the nonmoving party may file a response to the objection no later than 7 days after the reply memorandum is filed, unless otherwise ordered by the court. If the reply memorandum includes evidence not previously set forth, the nonmoving party may file an objection to the evidence no later than 7 days after the reply memorandum is filed, and the moving party may file a response to the objection no later than 7 days after the objection is filed, unless otherwise ordered by the court. The objection or response may not be more than 3 pages.
(f) Request to Submit for Decision. When briefing is complete or the time for briefing has expired, either party may file a “Request to Submit for Decision” but if no party files a request, the motion will not be submitted for decision. The request to submit for decision must state whether a hearing has been requested.
(g) Hearings. The court may hold a hearing on any motion. A party may request a hearing in the motion, in a memorandum or in the request to submit for decision. A request for hearing must be separately identified in the caption of the document containing the request.
(h) The court may decide any motion at a hearing without a Request to Submit for Decision.
(i) Notice of Supplemental authority. A party may file notice of citation to significant authority that comes to the party’s attention after the party’s motion or memorandum has been filed or after oral argument but before decision. The notice must state the citation to the authority, the page of the motion or memorandum or the point orally argued to which the authority applies, and the reason the authority is relevant. Any other party may promptly file a response, but the court may act on the motion without waiting for a response.
(j) All dispositive motions shall be heard at least fourteen days before the scheduled trial date unless otherwise ordered by the court. No dispositive motions shall be heard after that date without leave of the court.
(k) Stipulated Motions. A party seeking relief that has been agreed to by the other parties may file a stipulated motion which must
(k)(1) Be titled substantially as: “Stipulated Motion [short phrase describing the relief requested]
(k)(2) Include a concise statement of the relief requested and the grounds for the relief requested
(j)(3) Include language indicating the name of the parties that stipulated to the motion or a signed stipulation in or attached to the motion and
(k)(4) Be accompanied by a proposed order that has been approved by the other parties.
(l) Ex parte motions. If a statute or rule permits a motion to be filed without serving the motion on the other parties, the party seeking relief may file an ex parte motion which must:
(l)(1) Be titled substantially as: “Ex parte motion [short phrase describing relief requested]
(l)(2) Include a concise statement of the relief requested and the grounds for the relief requested
(l)(3) Cite the statute or rule authorizing the ex parte motion
(l)(4) Be accompanied by a proposed order
(m) Orders.
(m)(1) Verbal Orders. A verbal order of the juvenile court is effective and enforceable when delivered from the bench and entered on the record in the presence of the party against whom enforcement is sought.Unless otherwise required by law or rule, a verbal order is deemed entered when recorded and may or may not be later memorialized in writing.
(m)(2) Written Orders. A written order of the juvenile court is effective and enforceable when signed by the court and served on the party against whom enforcement is sought. A written order is deemed entered when filed.
(m)(3) Preparing, Serving, and Filing Proposed Orders.
(m)(3)(A) Orders Prepared in Open Court. At a hearing, the court may (1) prepare a written order or (2) direct a party to prepare a written order while the parties or counsel are present. An order prepared by the court or a party in open court is effective and enforceable when signed by the court and filed. The court may permit review of the written order by the parties or counsel prior to signing. A party may object to a written order prepared in open court within 7 days of the entry of the order.
(m)(3)(B) Orders Prepared Outside Court. Following a hearing, the court may (1) prepare a written order or (2) direct a party to prepare a proposed order. Within 14 days of being directed to prepare a proposed order, a party must serve the proposed order on the other parties for review and approval as to form. If the party directed to prepare a proposed order fails to timely serve the order, any other party may prepare a proposed order and serve the proposed order on the other parties for review and approval as to form.
(m)(3)(C)(i) A party's approval as to form of a proposed order certifies the proposed order accurately reflects the court's decision. Approval as to form does not waive objections to the substance of the order.
(m)(3)(C)(ii) A party may object to the form of the proposed order by filing an objection within 7 days after the order is served.
(m)(4)The party preparing a proposed order must file it:
(m)(4)(A) after all other parties have approved the form of the order, in which case the party preparing the proposed order must indicate the means by which approval was received: in person; by telephone; by signature; by email; etc.
(m)(4)(B) after the time to object to the form of the order has expired, in which case the party preparing the proposed order must also file a certificate of service of the proposed order; or
(m)(4)(C) within 7 days after a party has objected to the form of the order, in which case the party preparing the proposed order may also file a response to the objection.
(m)(5) Proposed order before decision prohibited; exceptions. A party may not file a proposed order concurrently with a motion or a memorandum or a request to submit for decision, except that a proposed order must be filed with:
(m)(5)(A) a stipulated motion;
(m)(5)(B) a motion that can be acted on without waiting for a response;
(m)(5)(C) an ex parte motion;
(m)(5)(D) the request to submit for decision a motion in which a memorandum opposing the motion has not been filed.
(m)(6) Orders entered without a response; ex parte orders. An order entered on a motion where no response was filed or required may be vacated or modified by the judge who made it with or without notice.
(m)(7) Order to pay money. An order to pay money may be enforced in the same manner as if it were a judgment.
| Empty Table |
|---|