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<s> legal sex </s><s> legal sex </s><s> custody </s><s> or eviction case Prepare all the forms you need to file OCAP (Online Court Assistance Program) OCAP (Online Court Assistance Program) Get step-by-step help with your divorce </s><s> guardianship </s><s> dating violence and sexual violence) Civil stalking injunction Child Protective Order Abuse of vulnerable and elder adults Safety Planning Show me more Protection from Abuse topics… All Self-Help Categories Appeals Appealing a small claims case Appealing a district court or juvenile court case Appealing an administrative agency decision Appealing a juvenile court child welfare case Rules of Appellate Procedure Show me more Appeals topics… Consumer (collections and small claims) Garnishment (Writs of Garnishment) Debt collection Collecting a judgment Small claims Show me more Consumer topics… Court Rules & Procedures Who can I represent? Answering a complaint or petition Fee waiver Motions Serving papers 1044XX 1158.5XX 1158XX Show me more Court Rules and Procedures topics… Criminal Justice Expunging adult criminal records Motion to reduce conviction (402 motion) Traffic offenses Deferred Traffic Prosecution Court fine schedule Property Seized by Law Enforcement Show me more Criminal Justice topics… Families & Children Divorce Education class for divorce or temporary separation Child custody and visitation (parent-time) Child support Show me more Families and Children topics… Finding Legal Help Utah State Bar attorney directory Modest Means Lawyer Referral Program Limited Legal Help Legal Clinics Mediation / Arbitration Show me more Finding Legal Help topics… Government Agencies Bureau of Criminal Identification (BCI) Motor Vehicles (DMV) Office of Recovery Services (ORS) Utah State Government Vital Records and Statistics Social Security Administration Show me more Government Agencies topics… Guardianship & Conservatorship For an Adult or Minor Pre-appointment tests for guardians and conservators Required reports Ending a guardianship or conservatorship Show me more Guardianship / Conservatorship topics… Housing & Evictions Eviction Information for Tenants Eviction Information for Landlords Flowchart of the eviction process - PDF Expunging Eviction Records Abandoned premises Refunding renters' deposits Tenants personal property Show me more Housing topics… Juvenile Justice Child welfare Child welfare appeals Emancipation of a minor Relinquishment of parental rights 1138XX Show me more Juvenile Justice topics… Life Planning and Probate Probate Power of attorney: General Power of attorney: Delegation of a parent's or guardian's authority Show me more Life Planning and Probate topics… Military and Veterans Lawsuits involving military service members Custody and parent-time upon deployment (Utah Code) Service Member Attorney Volunteers Show me more Military and Veterans topics… Protection from Abuse Protective orders (including cohabitant </s> |
<s> fair </s> |
<s> Judges </s><s> Judges </s><s> Judges </s><s> Judges </s><s> Oral Arguments </s><s> Oral Arguments </s> |
<s> Judges </s><s> Juvenile </s><s> Juvenile and Justice courts are located in each of the state's eight judicial districts. If you are uncertain of which district you live in </s><s> and how their performance is evaluated. The conduct of Utah's judges is guided by the Code of Judicial Conduct and judicial ethics opinions . The Judicial Conduct Commission investigates complaints about Utah state </s><s> hold hearings </s><s> and conduct settlement and pretrial conferences. They can also make recommendations to a judge </s><s> commissioners hear most matters in domestic cases including divorce </s><s> and protective orders. Performance evaluation of commissioners is governed by Utah Code of Judicial Administration Rule 3-111 . Complaints about commissioners are governed by Utah Code of Judicial Administration Rule 3-201.02 Utah Code 78A-5-107 </s><s> Rule 3-201.02 </s><s> and the Code of Judicial Conduct govern court commissioners. Court Governance Judicial Council The Utah Judicial Council is the policy-making body for the judiciary. It has the constitutional authority to adopt uniform rules for the administration of all the courts in the state. The Council also sets standards for judicial performance </s><s> support services </s><s> who serves as secretariat to the Council. The judges serve three-year terms </s><s> federal agencies </s><s> the Judicial Council established a Board of Judges for each level of court. Boards of Judges adopt administrative rules in accordance with the guidelines of the Council </s><s> supervise the implementation of Council policies and serve as liaisons between judges and the Council. Members of Board of Appellate Court Judges Members of Board of District Court Judges Members of Board of Juvenile Court Judges Members of Board of Justice Court Judges Members of Board of Senior Judges All Boards and Committees Membership Boards and Committees - members of all governing boards and committees Administrative Support The Court Administrator Act </s><s> provides for the appointment of a State Court Administrator </s><s> District </s><s> and Justice Court Administrators </s><s> and management personnel in the following areas: Human Resources </s><s> Planning and Research </s><s> Information Technology </s><s> Audit and General Counsel. The Administrative Office of the Courts serves as staff to the Judicial Council </s><s> boards of judges </s> |
<s> Abuse </s><s> neglect and dependency proceedings </s><s> and no new evidence will be accepted. Child Welfare Mediation Child Welfare Mediation involves the use of a skilled and unbiased third party to assist families </s><s> and attorneys in reaching a mutually acceptable resolution regarding child welfare and placement issues. Court Appointed Special Advocates (CASA) Court Appointed Special Advocates (CASA) - A CASA volunteer is an advocate for children under the court's jurisdiction for abuse </s><s> and getting to know the child. Emancipation Parents are legally obligated to provide the basic needs for their children until they are eighteen. If a person under eighteen marries or joins the U.S. Armed Forces </s><s> under conditions specified in state law. Guardian ad Litem (GAL) A guardian ad litem is a lawyer appointed by the court to look after the interests of an infant </s><s> or in protective order proceedings. The guardian ad litem also represents children who are in foster care. Guardianship of a Minor Guardianship of a minor gives a guardian the legal authority to make decisions regarding the minor. Use the Online Court Assistance Program (OCAP) to complete the papers to ask the court to establish guardianship of a minor. Read the laws about guardians of minors in the Utah Code: §75-5-201 to 75-5-212 Watch a 3-part narrated presentation describing the guardianship of a minor process: Part 1: Guardianship of a Minor Basics (5.5 minutes) Part 2: District Court Procedures (8 minutes) Part 3: Responsibilities </s><s> and Modification (5 minutes) Juvenile Justice Process Juvenile Justice Services provides an explanation illustrating the juvenile justice process . Juvenile Court Petition Cover Sheet 1138XX Problem-Solving Courts Problem-Solving Courts </s> |
<s> such as through strict probation or mandatory imprisonment did not correct the fundamental problem. Drug courts work by recognizing that unless substance abuse ends </s><s> drug courts </s><s> focus upon eliminating drug addiction as a long- term solution to crime. Since the first drug court in Utah was established in Third District Court (Salt Lake) in 1996 </s><s> all programs have incorporated a set of ten components created by the United States Department of Justice. These guidelines establish structural components across drug courts while each jurisdiction independently handles matters such as treatment providers and participatory restrictions. U.S. Department of Justice </s><s> prosecution and defense counsel promote public safety while protecting participants' due process rights. Key Component #3 Eligible participants are identified early and promptly placed in the drug court program. Key Component #4 Drug courts provide access to a continuum of alcohol </s><s> and other related treatment and rehabilitation services. Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6 A coordinated strategy governs drug court responses to participants' compliance. Key Component #7 Ongoing judicial interaction with each drug court participant is essential. Key Component #8 Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9 Continuing interdisciplinary education promotes effective drug court planning </s><s> and operations. Key Component #10 Forging partnerships among drug courts </s><s> and community-based organizations generates local support and enhances drug court program effectiveness. Mental health courts were created to assist those convicted of a crime who need a more streamlined approach. DUI courts only recently were added to the problem-solving courts roster. These courts are specific to repeat offenders. Veteran's drug court provides United States Veteran's with an opportunity to improve their lives through a dedicated team of experts. Whether adult or juvenile </s><s> Park City </s><s> Fillmore </s><s> Provo & Spanish Fork Juvenile Drug Court Locations Provo Veteran’s Drug Court Locations Provo Fifth District Court Adult Drug Court Locations Cedar City & St. George Adult Mental Health Court Locations Cedar City & St. George Juvenile Family Dependency Drug Court Locations St. George Sixth District Court Adult Drug Court Locations Kanab </s><s> Castle Dale </s> |
<s> court facilities </s><s> support services </s><s> federal agencies </s><s> including adopting administrative rules in accordance with the guidelines of the Council </s><s> supervising the implementation of Council policies </s><s> the Supreme Court </s><s> per guidelines found in Utah Code §78A-2-108 </s><s> boards of judges </s><s> and nominating commissions </s> |
<s> Policies </s><s> even if it is being held remotely. Some courts are adding the Webex Event link in the online calendar . If there is no link in the calendar </s><s> contact the court location to request a link. We have created easy guides to help walk you through how to participate in a remote court hearing: First Time Users of Cisco Webex Meetings - PDF Webex Tips for Pro SE Litigants - PDF Webex Tips for Jurors: Jury Selection (voir dire) - PDF Information about Filing Documents (Filing by email) People representing themselves may file documents by emailing them to the court . COVID-19 (Coronavirus) Information The Utah Judiciary is committed to the open </s><s> and efficient administration of justice under the law. If you are feeling unwell or may have been exposed to COVID-19 and have questions concerning your case </s> |
<s> 2019) Thank you for visiting the Utah Courts' website. Our privacy policy describes how the Administrative Office of the Courts ("AOC </s><s> " "us </s><s> uses </s><s> owned </s><s> as outlined in this Privacy Policy. Definitions "Personal information" means any information that we collect through the Site that could serve to identify an individual </s><s> telephone number </s><s> email address </s><s> including information about your web browser and type of operating system </s><s> time zone </s><s> the time and date of your visit </s><s> the time spent on those pages </s><s> and other statistics and information about how you interact with the Site. This information does not recognize the identity of the visitor and is not used to track or record information specific to the individual. We Collect Personal Information and Device Information When you choose to use the Site </s><s> use </s><s> other individuals may provide to the AOC personal information about you in court records. Personal Information and How We Use It The personal information that we collect is used: to provide court services to you (and other individuals involved in your court case </s><s> fair </s><s> and independent system for the advancement of justice under the law. We will not use your personal information or disclose your personal information to anyone except as described in this Privacy Policy. Device Information and How We Use It We collect Device Information using the following technologies: "Cookies" are data files that are placed on your device and often include an anonymous unique identifier. These are sent to your browser from the Site and are stored on your device. You have the option to either accept or refuse these cookies </s><s> you may not be able to use some portions of our website. For more information about cookies </s><s> visit http://www.allaboutcookies.org . "Log files" track actions occurring on the Site </s><s> browser type </s><s> Internet service provider </s><s> and date/time stamps. "Web beacons </s><s> " and "pixels" are electronic files used to record information about how you browse the Site. The device information we collect serves as part of our statistical analysis about the use of the Site so we can review </s><s> and anyone can view and obtain a copy of most court records. However </s><s> witnesses </s><s> jurors </s><s> to participate in the judicial process </s><s> but most are public ( Rule 4-202.02 ). Even closed records can be viewed by some ( Rule 4-202.03 ). Public records are provided to anyone who asks </s><s> for requesting that a record be closed ( Rule 4-202.04 and Rule 4-202.05 ) </s><s> information and services. Rule 4-202.09. Miscellaneous. Rule 4-202.10. Record sharing. Third-Party Websites and Services The Site may provide links to (or links from) third-party websites or services </s><s> we are not responsible for those websites' or services' content or information practices. We strongly encourage you to review the privacy policies of any site or service before providing any personal information. The Site uses Google Analytics </s><s> see "How Google uses data when you use our partners' sites or apps </s><s> when you enter personal information online </s><s> including YouTube (link is to external site) </s><s> and Facebook (link is to external site) </s><s> the AOC does not request </s><s> or record personally identifiable information. Information collected by the AOC will be used solely for the purpose of evaluating and maintaining those accounts. Please be aware that privacy policies of third-party websites may not be the same as the privacy policy governing the Site. Retweets </s><s> or follows of any person or organization on any social media page are not endorsements. Promoted Tweets on Twitter are not authorized or controlled by the AOC. The AOC also makes available certain RSS feeds to assist individuals in receiving updated information made available on the Site. The AOC controls the XML data underlying those feeds. Individual users are responsible for any privacy implications associated with the software used by the individual to receive and review the XML data distributed in the RSS feeds. Children's Privacy The Site is not intended for individuals under the age of 13. The AOC does not knowingly solicit or collect information from such individuals. Any such individual should involve a parent </s><s> or other trusted adult to use the Site on their behalf. Security We value your trust in providing us with your personal information </s><s> technical </s><s> including but not limited to encryption </s><s> the AOC cannot guarantee against the occurrence of hardware failure </s><s> or other technical problems. Changes to This Privacy Policy We may update our Privacy Policy from time to time in order to reflect </s><s> changes to our practices or for other operational </s><s> we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately </s><s> do not hesitate to contact the AOC at: 450 South State P. O. Box 140241 Salt Lake City </s> |
<s> contact the clerk of court for the location where your case is being held. Please try to make your request for accommodations as far in advance as possible in order to allow the court time to review your request and make arrangements for the accommodation. Who can get an accommodation? You can receive reasonable accommodations from the courts if you have a disability that limits one or more major life activity. Major life activities include: caring for yourself performing manual tasks walking seeing hearing speaking breathing learning working Examples of disabilities include mobility or other motor impairments </s><s> visual impairments </s><s> practices </s><s> alternative time schedules </s><s> at no charge </s><s> equipment </s><s> materials in alternative formats </s><s> or certified interpreters for persons with a hearing loss. Relocating services or programs to accessible facilities. Providing services at alternative sites. The court cannot disregard the law to grant a request for an accommodation. For example </s><s> if a juror is blind and requests that written materials be transcribed into Braille </s><s> such as providing a reader or a tape-recorded transcript of the written material. The accommodation offered may not be your first choice. Although the court is not required to provide the best accommodation </s><s> you may ask the clerk to change your hearing date because of your disability. You may need to file a motion with the court to ask the judge to grant the continuance. Can the court deny my request? The court can deny your request for accommodation in certain circumstances. The court does not have to provide personal devices such as wheelchairs </s><s> hearing aids to people with disabilities. The court does not have to provide services of a personal nature such as assistance with eating </s><s> and dressing. A request can be denied if the accommodation would place an excessive burden on the courts financial or staff resources. A request can be denied if the accommodation would significantly change the kinds of services that judicial officers normally provide to court users. If the court denies your request </s> |
<s> over 500 </s><s> 21 and older </s><s> and most importantly </s> |
<s> neglect </s><s> but most often they are able to safely remain at home while the family engages in court-ordered services designed to resolve the circumstances that gave rise to state intervention. "It is the Guardian ad Litem's duty to stand in the shoes of the child and to weigh the factors as the child would weigh them if his judgment were mature and he was not of tender years." - J.W.F v. Schoolcraft </s><s> 1222 (Utah Ct. App. 1988) The Office performs this service with more than 40 lawyers </s><s> the GAL Office also trains and certifies local attorneys to work in the Private Guardian ad Litem program (PGAL). PGAL attorneys work in district court high-conflict cases involving issues of custody and visitation </s><s> and where children are being mistreated or are not receiving proper care </s><s> the child's voice is heard </s> |
<s> 9:00 a.m. to 4:30 p.m. </s><s> OCAP and forms on the court's website </s><s> superseded Utah code </s><s> and use the library's copier and scanner. Patrons are welcome to: use the library's computers to access XChange </s><s> superseded Utah code </s> |
<s> less expensive </s><s> only to supplement it </s><s> Tooele or Summit County) Commissioner/Judge I am involved in a Probate case in the 3rd District (Salt Lake </s><s> or does not fall under a Court Sponsored Mediation program where a mediator is provided </s><s> including fees </s><s> there are two non-profit community mediation centers that provide mediation services on a sliding fee scale: Utah Dispute Resolution Mountain Mediation Center - Summit and Wasatch counties only My case is in the Juvenile Court I am involved in a child welfare case involving the Division of Child and Family Services or a private petition that has been filed in the Juvenile Court regarding a protective order </s><s> visitation or a Petition to Terminate Parental Rights I am a victim or offender on a case involving a crime that was committed by a juvenile I am involved in a truancy case None of the above apply to my case If your dispute is not involved in a case that is currently pending before the Court </s><s> you may contact a mediator on your own to help resolve your dispute. You can find information on mediators </s><s> by clicking on the name of a mediator or arbitrator on the court roster . If you require financial assistance </s><s> or does not fall under a Court Sponsored Mediation program where a mediator is provided </s><s> including fees </s> |
<s> all tours of our courthouses are cancelled until further notice. We apologize for the inconvenience. Law Day 2021 - Advancing the Rule of Law NOW Law Day Presentation Materials and Resources Teachers and Students Judicial Outreach Brochure - PDF "iCivics" website National Center for State Courts: Civics Education Judges in the Classroom High School Lesson Plans Your Day in Court A Manual for Teachers and Students Visiting the Utah State Court Facilities This is a publication used in elementary and secondary schools as a guide when studying the Utah court system in law-related education classes and when preparing to visit the courts. It was developed by the Utah Law-Related Education Project ( www.lawrelatededucation.org ) and the Administrative Office of the Courts. Your Day in Court - PDF If you need to know the meaning of a legal term </s><s> students can often sit in on court proceedings and see attorneys arguing their case. When time allows </s><s> tours are limited to 30 students. Staff members working in full-time positions in the court conduct the tours </s><s> this also limits the number of tours that the court is able to schedule each month. When visiting a courthouse </s><s> students should dress accordingly </s><s> hats </s> |
<s> U.S. City Average </s><s> United States Department of Labor. Court Filing </s><s> & Record Fees Guardianship Signature Program Income Guidelines for Appointment of Counsel in Criminal Cases For the appointment of counsel in criminal cases </s><s> the post judgment interest rates for the current and previous years are as follows. This rate does not apply to judgments based on contracts or statutes specifying a different interest rate. Interpreter Information Interpreter lists </s><s> information </s> |
<s> restorative group conferences </s><s> assist guardians and improve judge's decisions. Small Claims Online Dispute Resolution facilitators ODR facilitators use cutting-edge technology to help people resolve their disputes online. Learn from experienced experts in alternative dispute resolution to engage parties in dialogue </s> |
<s> the court will appoint an interpreter for you for all court hearings. You must request a court interpreter at least 3 days before the hearing </s><s> call the court that is holding the hearing or file a Request a Court Interpreter form with that court. What is the court interpreter’s job? A court interpreter is a person who interprets orally from English to another language and vice versa in a court hearing. Interpreters also translate written documents. Court interpreters do not interpret or translate outside of legal proceedings. If you need an interpreter outside of the legal proceedings </s><s> without changing </s><s> or adding anything to what is said or written. In essence </s> |
<s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. We look forward to helping you. Self-Help Center staff attorneys can: answer questions about the law </s><s> legal advice and representation through pro bono and low cost legal services </s> |
<s> contact the judge's team and request a link. If there is no contact information for the judge's team </s><s> you need to create an account to access your Utah State Court cases. Working on a traffic ticket or criminal case? Learn about Deferred Traffic Prosecution Save time - pay your fine for a traffic misdemeanor case without registering for MyCase Chose one of the options below to learn more about MyCase What kinds of cases are in MyCase? MyCase is available for almost every type of case. Only these types of cases are not available in MyCase: Involuntary commitment Essential treatment Gestational agreement You can access open and closed cases and cases in district and justice courts. Who can use MyCase? MyCase is only for parties to a case. A party is someone suing or being sued. This is usually the petitioner or plaintiff and the respondent or defendant. You can view cases where you are a party. What are my options if I am not eligible for MyCase? If you are a.... Then you can... Business trying to access a case that is not a part of online dispute resolution Ask your lawyer for details about your case or use Xchange Interested person (a person who has the right to be notified of filings) in a probate case Ask the petitioner for for details about your case or use Xchange Lawyer or Licensed Paralegal Practitioner Use your eFiling provider for parties you represent </s><s> your victim advocate </s><s> and your government issued ID (if you have a non-Utah ID </s><s> choose Salt Lake City If your case is in a justice court </s><s> your location will NOT end with the words "justice court" If you have a non-Utah ID or have other problems creating an account </s><s> you can ask for a secure link Using MyCase Can I file court papers in MyCase? Electronic filing is only available for specific cases: Debt Collection Eviction Small Claims cases that are using online dispute resolution If you do not have one of these cases </s><s> they are filed. If court staff accept your papers a day after you submit them </s><s> check the reason under eDocument Preparation Look for “Revisions Needed” and click the red exclamation mark Make the needed changes before resubmitting Your resubmitted papers will be considered filed on the date you resubmit them Changing papers after you have filed them When you file papers in MyCase </s> |
<s> but not statewide. You may request that the Court allow you to perform community service in lieu of paying some </s><s> of a fine for class B and C misdemeanors and infractions. Community service will be credited at a rate of $10/hour. Please contact the court to make an appearance before the judge if you would like to request community service in lieu of paying your fine. (UCA 76-3-301.7) District or Justice Court ePayment Do you want your traffic citation dismissed? Visit the Deferred Traffic Prosecution page for information. Juvenile Court Juvenile My Case Log In to Juvenile Court MyCase to be able to make online payments on your account using a credit card. You'll also be able to view information about your juvenile court case </s><s> money owing </s><s> date of birth </s> |
<s> Mortgage Fraud and Predatory Lending Report Identity Theft (ID Theft Central - Utah Attorney General's Office) Wrongful Liens Government and Non-Profit Consumer Agencies Better Business Bureau Division of Consumer Protection Division of Occupational and Professional Licensing Division of Public Utilities Division of Securities IdentityTheft.gov (Federal Trade Commission) FTC Complaint Assistant National Consumer Law Center Consumer Self Help Resources Common links Garnishment (Writs of Garnishment) Debt collection Collecting a judgment Small claims Preparing forms The Online Court Assistance Program (OCAP) helps you to create forms to file with the court More The Online Court Assistance Program (OCAP) helps you to create forms to file with the court by answering questions in an online interview. Programs available: Domestic Relations (such as divorce </s><s> and support) Enforcing Domestic Orders Guardian and Conservatorship (for minors and adults) Protective/Stalking Orders Garnishment Landlords and Tenants Small Claims Prepare your forms Less Getting help The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. Self-Help Center staff attorneys can: answer questions about the law </s><s> legal advice and representation through pro bono and low cost legal services </s><s> and ask questions about the law. Most legal clinics handle civil law matters only. Finding what you're looking for If you are having problems finding what you are looking for </s> |
<s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> custody and parent-time Modifying a child custody order Paternity Enforcing a child custody order (Order toShow Cause) Parenting plans Registering a non-Utah custody order Service of Divorce/Custody Papers in Mexico Child Support Learn about child support Child support calculator Temporary order Informal trial of support </s><s> custody and parent-time Divorce and Alimony and Property Division Receiving alimony Dividing debt in a divorce Dividing property in a divorce After Divorce Modification of a Divorce Decree Motion to Enforce Order Enforcing a Domestic Order (Order to Show Cause) Enforcing a domestic order (Order to Show Cause) Establishing Fact of Birth Establishing fact of birth Guardianship and Conservatorship General guardianship and conservatorship information for an adult or minor Required reports Ending a guardianship or conservatorship Marriage Getting married Judicial recognition of a relationship as a marriage (Common law marriage) Name or Sex Change (gender marker change) Name or sex change for an adult (Gender Marker Change) Name or sex change for a minor child (Gender Marker Change) Parent-Time (Visitation) Parent-time Standard parent-time schedules Children 5-18 (Utah Code Section 30-3-35) Children under 5 (Utah Code Section 30-3-35.5) Children 5-18 (optional schedule) (Utah Code Section 30-3-35.1) Children 5-18 (equal parent-time schedule) (Utah Code Section 30-3-35.2) Parent coordinators Temporary order Modifying a parent-time order Enforcing a parent-time order (Order toShow Cause) Registering a non-Utah parent-time order Parenting plans Informal trial of support </s><s> Including Deportation Special Findings for At-Risk Noncitizen Children (SIJ) Special Findings for At-Risk Noncitizen Children (SIJ) Temporary Delegation of Parental Authority Temporary delegation of parental authority Temporary Separation </s><s> custody </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> Recreation and Work for the Protected Person Healthcare Decisions for the Protected Person Identifying the Protected Person's Property Keeping the Protected Person's Property Safe Managing the Protected Person's Property Personal Needs of the Protected Person Planning for the Protected Person's Needs Record Keeping for Guardians and Conservators Relationship Between a Guardian and a Conservator and other Decision Makers Resolving Conflicts with Family Members and Others Motion to Review </s><s> or Remove Guardian or Conservator Resources to Help Guardians and Conservators For a Minor Guardianship and/or Conservatorship of a Minor Guardianship of a Minor Conservatorship of a minor Nominating a Guardian and Conservator Requirements of a Guardian or Conservator of a Minor Reports required from the conservator Moving a conservatorship Withdrawing funds in a restricted account Ending a conservatorship Ending a guardianship 1184XX Related Information Related Information Abuse Protective Order Adult Protective Services Advance Health Care Directive Act Advance Health Care Directive - Instructions & Forms Aging and Adult Services Court Locations Dictionary of Legal and Medical Terms Fee Waiver Fees Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Guardianship Signature Program Making Medical Decisions for Someone Else: A How-to Guide Mediation Office of Public Guardian Rule 6-501. Reporting requirements for guardians and conservators Rules of Civil Procedure Self Help Center Serving Papers Statutes Volunteer Court Visitor Program Guardianship and Conservatorship Self Help Resources Common links Pre-appointment tests for guardians and conservators Required reports Ending a guardianship or conservatorship Preparing forms The Online Court Assistance Program (OCAP) helps you to create forms to file with the court More The Online Court Assistance Program (OCAP) helps you to create forms to file with the court by answering questions in an online interview. Programs available: Domestic Relations (such as divorce </s><s> and support) Enforcing Domestic Orders Guardian and Conservatorship (for minors and adults) Protective/Stalking Orders Garnishment Landlords and Tenants Small Claims Prepare your forms Less Getting help The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. Self-Help Center staff attorneys can: answer questions about the law </s><s> legal advice and representation through pro bono and low cost legal services </s><s> and ask questions about the law. Most legal clinics handle civil law matters only. Finding what you're looking for If you are having problems finding what you are looking for </s> |
<s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> and for some administrative agency appeals to the district court. In other cases it is not a new trial </s><s> and results in a trial or hearing de novo. "De novo" means the matter is tried all over again. A Notice of Appeal in a justice court criminal case or small claims case must be filed with the justice court within 28 days of the entry of a justice court order or judgment. See Utah Code Section 78A-7-118 and Utah Code Section 78A-8-106 . Criminal Cases in Justice Court Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118 describe the process for appealing a justice court decision in a criminal case. Utah Rule of Criminal Procedure 27A governs the process to request a stay of a sentence pending an appeal from justice court to district court in a criminal case. Forms are available at the bottom of this page. Small Claims Cases in Justice Court Utah Rule of Small Claims Procedure 12 describes the process for appealing a small claims case. Utah Rule of Civil Procedure 62 governs the process to request a stay to enforce a judgment pending an appeal in a small claims case. See the Small Claims web page for information about appealing a small claims case from justice court to district court and forms. Forms are available at the bottom of this page. District or Juvenile Court Appeal to Court of Appeals or Supreme Court This kind of appeal is a review by the supreme court or court of appeals to determine if the juvenile or district court made a legal mistake. The appellate court does not retry the case </s><s> or weigh the credibility of witnesses. The appeal must be based on the record created in the trial court </s><s> it must have been important enough that it could have made a difference in the outcome of the case. See the Guide to Appealing a Case ( PDF ) for information about these kinds of appeals. Forms are available at the bottom of this page. Court of Appeals Appeal to Supreme Court A Petition for Writ of Certiorari is a request to the Utah Supreme Court to review a decision of the Utah Court of Appeals. The Supreme Court can choose to grant or deny the petition. If the petition is denied </s><s> or to Court of Appeals or Supreme Court An administrative appeal is a review by the court of the final decision of a state or local government agency </s><s> the review is either a completely new hearing (called a trial de novo) </s><s> see the Appealing an Administrative Agency Decision page . For information about administrative appeals to the Court of Appeals or Supreme Court </s><s> take evidence </s><s> and the person who is appealing must show that the trial court made a mistake. If there was a mistake </s><s> the hearing must be held within three business days after the Notice of Appeal is filed. The court must issue its decision immediately after oral argument. If oral argument is not held </s><s> that person would be included in the DCFS licensing database. If a person wants to challenge the finding and inclusion in the database </s><s> or URAP) explain the procedure in appeals before the Utah Supreme Court or Utah Court of Appeals. The Rules specify the deadlines for filing documents </s><s> and provide other important information. Be sure to read and follow these rules carefully. The current Appellate Rules are available on the court's website. The Rules are also published in Utah Court Rules Annotated </s><s> mediation is not an attempt to judge the merits of the dispute and render a decision. Mediation is an attempt to assist the parties in understanding their interests </s> |
<s> laws and protections Foreclosure Foreclosure </s><s> custody </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> custody </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> Including Deportation Planning for Family Emergencies </s><s> custody </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> 000. That amount includes lawyer fees </s><s> and 78A-8-102 . Is your case about a car accident? Keep reading for more details. If not </s><s> you can also sue for injuries. If you sue for injuries you can either: Sue for injuries in the same small claims case </s><s> one case does not decide the other. You could win property but lose injury. If you file two cases </s><s> where you file in district court). You have two options for where to file: where the defendant lives </s><s> a contractor </s><s> and County justice court </s><s> and District court if no county court (only Cache County has none) Use the court directory to find the right justice court. Some cities and counties use another city or county’s justice court. If yours does </s><s> but the court still exists legally. This affects where you file. Use this table to see which cities and counties share courts </s><s> go to step 3. Fill Out Forms and File - Step 3 Choose the right forms . First </s><s> fill out these forms : 1024XX 3001SC If you can’t use ODR because of a disability </s><s> or you don’t speak English </s><s> file them with the justice court. If your court does NOT use ODR </s><s> file them with the justice court. There is a filing fee (check the cover sheet for the amount). If you cannot afford the fee you can ask for a fee waiver . Once you have filed </s><s> the clerk will process them and then give them back to you with a case number. You must have the papers served on the defendant . Keep a copy of everything you serve for your records. If your case is not using ODR </s><s> file proof of service with the court. Then go to next steps. Next Steps For ODR Cases Here is what happens after you file: The court emails you a password for ODR and a link. The court will use the email on your affidavit and summons Look for an email from courtsystems@utcourts.gov Check your spam folder if you do not receive an email Visit odr.utcourts.gov and click “Login” If you did not receive your password </s><s> wait. The defendant has 14 days after being served to log in. The day they were served is day 0 and the next day is day 1. If the defendant logs in </s><s> the defenedant </s><s> you can ask for a default judgment. This means asking the court to rule in your favor based on your Affidavit. Use these forms: 1352GE 2011SC 2012SC Utah Supreme Court Standing Order No. 13. If you come to an agreement </s><s> your case will be scheduled for a trial. Be sure to attend or you will lose your case automatically. Bring all evidence and explain why you should win. Read about Going to Court to help you prepare. When preparing </s><s> they will tell the other party. Rule of Small Claims Procedure 6 . For Non-ODR Cases When you file </s><s> you might need someone to testify or give you documents. You can make someone testify or give you documents by having them served with a subpoena. Read our page on subpoenas for more information. You can ask to change the trial date if you have a good reason. File these papers: Motion to Postpone Small Claims Case PDF Form | Fillable Form Order on Motion to Postpone Small Claims Case PDF Form | Fillable Form If the court grants your request </s><s> you can ask for help from the court in enforcing your settlement. Follow these steps. Step 1 - file these forms File your papers with the justice court where your case was originally filed. 1033XX 1034XX Step 2 - serve the other party Serve the other party with the papers you file. Step 3 - attend the hearing When you file </s><s> you might get a judgment. Read about How to Collect a Judgment . After trial If you go to trial the judge will usually decide who wins immediatly. If not </s><s> the defendant has to pay you. If they do not </s><s> you can file an appeal. You must do this within 28 days of the judgment. Fill out these forms: 1044XX 1045XX Then file the forms with the court that issued the judgment. The court will charge fees for the appeal. The court will send your paperwork to the nearest district court within the same judicial district . The district court will schedule a trial. What happened in the first trial will not control what happens in the new trial. Bring all of your evidence and be prepared to explain why you should win. If you win </s><s> your case could be dismissed. If the other side filed a counterclaim </s><s> you must explain your delay. File these forms to ask the court to undo the dismissal or judgment: 1042XX 1043XX The court will schedule a hearing. Make sure you attend. Information for People Being Sued (Defendants) If you received an Affidavit and Summons for a small claims case </s><s> email odr@utcourts.gov If you have a disability </s><s> or don’t speak English </s><s> there are 2 possibilities: the plaintiff has already logged in . If they have logged in </s><s> the plaintiff </s><s> the ODR facilitator will write a settlement agreement. If there is no agreement </s><s> you might need someone to testify or give you documents. You can require someone to testify or give you documents by having them served with a subpoena. Read our page on subpoenas for more information. the plaintiff has not logged in yet . If the plaintiff has not logged in yet </s><s> you can file a motion asking the court to dismiss the case. See our page on motions for forms and guidance. Utah Supreme Court Standing Order No. 13 . You might have other options. Scroll down to "what are my other options" to learn more. It says I have to go to trial If the summons has a trial date </s><s> you might need someone to testify or give you documents. You can require someone to testify or give you documents by having them served with a subpoena. Read our page on subpoenas for more information.the plaintiff has not logged in yet. You might have other options. Scroll down to "what are my other options" to learn more. What are my other options? Sue the plaintiff back If you want </s><s> saying they are owe you money. There are some limits to small claims: You can only sue someone to get money in small claims cases. You cannot ask the court to order the other person to do something (like give back property). The most you can ask for is $15 </s><s> but does not include court costs or interest. Utah Code Section 78A-8-102 . You cannot sue a government agency or sue to evict someone. You might want advice if your case doesn’t fit these limits. See our Finding Legal Help page to learn more. Utah Code 63G-7-201 </s><s> file them with the justice court where your case was filed. There is a filing fee (check the cover sheet for the amount). If you cannot afford the fee you can ask for a fee waiver . Once you file </s><s> the court will consider your claims at that point. Ask to change the trial date You can ask to change the trial date if you have a good reason. File these papers: 1037XX 1038XX If the court grants your request </s><s> your case will move there. You must do this within 15 days of getting your papers. Follow these steps: Find the closest district court that is in the same judicial district . Use the court directory . File in the court closest to you in the same district. File this form with the district court: 1030XX Pay the $250 jury fee to the district court. File this form with the justice court: 1028XX The justice court will send its records to the district court. Ask the district court about scheduling. After removal </s><s> you may need someone to testify or provide documents. You can make them testify or provide documents with a subpoena. Read our subpoena page . Next Steps My case is in ODR </s><s> there are special rules that apply. You and the person suing you (the plaintiff) must talk with a facilitator to try to settle your case. If the plaintiff does not after 10 days </s><s> follow the steps below. Fill out these forms: 2021SC 2022SC After filling out your forms </s><s> serve the papers on the plaintiff. If the court schdules a hearing </s><s> you can ask for help from the court in enforcing your settlement. Follow these steps. Step 1 - file these forms File your papers with the justice court where your case was originally filed. 1033XX 1034XX Step 2 - serve the other party Serve the other party with the papers you file. Step 3 - attend the hearing When you file </s><s> you might get a judgment. Read about How to Collect a Judgment . After trial If you go to trial the judge will usually decide who wins immediatly. If not </s><s> the plaintiff might have to pay you. If they do not pay </s><s> you can file an appeal. You must do this within 28 days of the judgment. Fill out these forms: 1044XX 1045XX Then file the forms with the court that issued the judgment. The court will charge fees for the appeal. The court will send your paperwork to the nearest district court within the same judicial district . The district court will schedule a trial. What happened in the first trial will not control what happens in the new trial. Bring all of your evidence and be prepared to explain why you should win. The court will schedule a new trial. What happened in the first trial will not control what happens in the new trial. Bring all of your evidence and be prepared to explain why you should win. If you win </s><s> a judgment may be entered against you. You can ask to undo the judgment. You must ask within 15 days after judgment was entered. If it has been more than 15 days </s> |
<s> Protective orders generally Utah Code 78B-7-201 et seq. </s><s> Dating Violence Protective Orders Utah Code 78B-7-501 et seq. </s><s> Cohabitant Abuse Protective Orders Utah Code 78B-7-701 et seq. </s><s> call: 911 You can also contact the Domestic Violence Hotline. They can help people find resources for emergency housing </s><s> and support and advocacy for you and your children. Call toll-free: 800-897-5465 </s><s> intimate partner violence or stalking. Both are orders from a court. The person requesting the order is called the petitioner. The petitioner can be protected by an order and may also request orders protecting other people </s><s> attempted or committed violence against the petitioner or stalked the petitioner. A protective order or a stalking injunction can order the respondent to: avoid contact or communication in any way with people listed on the order </s><s> stay away from the petitioner's home </s><s> school </s><s> not have a firearm or other type of weapon. A protective order can also temporarily give custody of any shared children to the petitioner. If the respondent violates a protective order or stalking injunction </s><s> but there still might be help available. Below are different types of orders and resources available: If you are the petitioner and your relationship to the respondent is… And you are facing… Then you can… a cohabitant </s><s> live or used to live together are or were in a consensual sexual relationship are related as a parent </s><s> child </s><s> grandchild </s><s> sibling </s><s> uncle </s><s> or are expecting a child. abuse </s><s> kicking </s><s> pulling hair </s><s> or Domestic violence </s><s> a 16- or 17-year-old cannot ask for a protective order against their parent or their minor sibling. See the Protective Orders web page for more information and forms. you are or were dating or in a dating relationship </s><s> or a relationship which has romance or intimacy as a goal by one or both parties </s><s> you would be considered to be cohabitants – see above. A dating relationship does not mean casual fraternization in a business </s><s> or social context. dating violence or abuse </s><s> kicking </s><s> pulling hair </s><s> or be emancipated. See the Protective Orders web page for more information and forms. you have no relationship </s><s> or were harmed by the distribution of an intimate image </s><s> including: Rape Object rape Sodomy Forcible sodomy Forcible sexual abuse Aggravated sexual assault Custodial sexual relations Custodial sexual misconduct Indecent liberties Sexual exploitation of a vulnerable adult or a child Distribution of an intimate image Sexual extortion Human trafficking for forced sexual exploitation Aggravated human trafficking for forced sexual exploitation request a Sexual Violence Protective Order. See the Protective Orders web page for more information and forms. none of the above. stalking . request a Civil Stalking Injunction. A minor with a parent or guardian can file. See the Civil Stalking Injunctions web page for information and forms. You are an employer and they are a customre or came to your business Workplace violence: hurting an employee or threatening to causing significant damage to the business' property or threatening to workplace violence protective order Utah Code 78B-7-1102 none of the above </s><s> including: parent other family members guardian teachers neighbors See the Child Protective Orders web page for information and forms. none of the above and you are worried about a vulnerable adult. A vulnerable adult includes a person who is 65 years old or older </s><s> shelter </s><s> or mental or other health care obtain services necessary for health </s><s> or welfare carry out the activities of daily living manage the adult's own financial resources comprehend the nature and consequences of remaining in a situation of abuse </s><s> or exploitation fear that a vulnerable adult is facing: physical or sexual abuse emotional or verbal abuse caretaker neglect self-neglect exploitation file a report online with Adult Protective Services or call 1-800-371-7897 to make a report. Make a safety plan A safety plan is a personalized plan to stay safe if you are: in an abusive relationship preparing to leave an abusive relationship leaving an abusive relationship have left an abusive relationship. See the Utah Domestic Violence Coalition's Safety Planning web page for more information. Respond to a protective order or stalking injunction If you are the respondent and you have been served with a protective order or stalking injunction </s><s> you can be arrested and charged with a Class A Misdemeanor. For information about responding to a protective order or stalking injunction </s><s> Contact Information </s> |
<s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> Enforcing Orders </s><s> Small Claims Protective Orders/Stalking Injunction Learn More (OCAP (Online Court Assistance Program) (OCAP (Online Court Assistance Program) Children and/or Family </s><s> Guardianship Landlord/Tenant </s><s> ask questions about the law Civil law matters only Learn More Legal Clinics Legal Clinics General legal information and brief legal advice Get help with forms </s> |
<s> Summit </s><s> Kane </s><s> Sanpete </s> |
<s> while others only provide language that you will need to tailor to your situation. Many of the books listed here available at Utah's law libraries . The court's Self-Help Resources page provides information and forms on a wide range of topics. Use the search box on each page to find other forms on the court's website. The court's Online Court Assistance Program (OCAP) is a free online program that generates paperwork for divorce </s><s> eviction </s><s> protective order </s><s> Utah Civil Practice includes forms for use in Utah civil cases. Hansen & Neeleman </s><s> 2nd ed. (2005) includes the Utah Uniform Probate Code Forms </s><s> such as contracts </s><s> corporation </s><s> real estate). Use the list of Utah state agencies to find agency websites. Utah's law libraries have a variety of general (not Utah-specific) form books </s><s> American Jurisprudence Legal Forms </s> |
<s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> contact information or name changes Changing lawyers Notice of Pronouns Resolving Your Case Alternative Dispute Resolution / Mediation Excusing mediation Going to court Getting Ready for Trial – Civil Cases Default judgments Collecting a judgment Appeals Enforcing a Court Order Motion to Enforce Order Motions Information about motions Motion for a temporary order Motion for alternative service Motion for default judgment Motion to appoint a parent coordinator Motion to change venue in a domestic case (using OCAP </s><s> custody </s><s> and to help you resolve your legal problems on your own if you cannot afford an attorney or if you choose not to hire one. More The Utah State Courts' Self-Help Center (SHC) provides free legal help to people who do not have a lawyer. The SHC provides information to help you understand your rights and responsibilities </s><s> court process and options provide court forms and instructions and help completing forms provide information about your case provide information about mediation services </s><s> legal aid programs and lawyer referral services provide information about resources provided by law libraries A Few Cautions The SHC cannot give you legal advice or represent you in court. The SHC attorney is not your lawyer. Go to the Self-Help Center Less Getting legal advice Legal clinics give general legal information and brief legal advice. You can also get help with forms </s> |
<s> see the Finding Legal Help web page . Talking to someone at a legal clinic is not the same as hiring a lawyer </s><s> or if you should hire a lawyer. Getting ready to go to a legal clinic Because you will only have about 20 minutes </s><s> by appointment. 5:00 to 7:00 p.m. Topic: General civil matters </s><s> landlord-tenant and debt collection. No family law. Location: Online via Zoom - visit: https://byu.zoom.us/j/92473418989 City / County: Statewide Special Instructions / Additional Information: To request an appointment </s><s> join the meeting by clicking the link. You will be put into a waiting room. Wait until you are let into the meeting by the receptionist. If you cannot join by Zoom </s><s> and in some cases provide representation. This clinic serves low income individuals </s><s> including citizenship </s><s> deportation </s><s> 1578 W. 1700 S </s><s> West Valley Center Room 130 </s><s> West Valley City </s><s> Salt Lake County (online appointments statewide) Special Instructions / Additional Information: Online consultations are by appointment only. Request an appointment online . In person consultations are available by appointment </s><s> by appointment. Walk-in appointments available. 6:00-7:30 p.m. *In December this clinic will be on Tuesday </s><s> collections </s><s> 1234 S Main St. City / County: Salt Lake City </s><s> or by emailing probono@law.utah.edu or by calling 801-581-5418 . Walk-in appointments are also encouraged. Family Law Legal Site - Pro Bono Initiative Online: 1st Wednesday of every month </s><s> walk-in only. 5:30 - 7:00 p.m. Topic: Family law </s><s> divorce </s><s> 383 South University St E </s><s> or by emailing probono@law.utah.edu or call 801-581-5418 . In person clinic is walk in only. Legal Aid Society of Salt Lake: Virtual Family Law Clinic Clinic – every day. Attorney consultations -- Monday afternoons </s><s> including divorce and custody issues. Location: Help is given over the phone or email by Clinic staff. Appointments for brief consultation with Legal Aid attorney on Monday afternoons can be set by Clinic staff. City / County: Statewide Special Instructions / Additional Information: Call 801-869-2895 or email familylawclinic@lasslc.org to get help Rainbow Law Legal Site 2nd Wednesday of every month </s><s> name and gender marker changes </s><s> 1380 S Main Street; online via Zoom. City / County: Salt Lake City </s><s> or by emailing probono@law.utah.edu or calling 801-581-5418 . Street Law Legal Site - Pro Bono Initiative Online: 2nd Tuesday of every month </s><s> walk-ins only Topic: Consumer </s><s> housing </s><s> etc. No criminal or family law. Location: Online appointments held via Zoom. In person appointments meet at Horizonte Instruction and Training Center </s><s> Salt Lake County (online appointments statewide) Special Instructions / Additional Information: Online consultations are by appointment only. Request an appointment online </s><s> including divorce and custody issues Location: Services are provided online. If the client does not have a computer </s><s> Petition to Modify </s><s> and Motion for Alternate Service. Contact: To be screened for eligibility and request an appointment </s><s> 9:00 a.m. - 2:00 p.m. </s><s> leave a message. Utah Free Legal Answers Utah Free Legal Answers is an online service in which volunteer attorneys respond to questions about non-criminal law matters for low income users. Español disponible Utah Immigration Collaborative Referral Line By appointment. Topic: Immigration (includes deportation </s><s> reunification </s><s> by appointment. 5:00-7:00 p.m. Topic: Civil law </s><s> Garfield </s><s> Kane and Washington Counties Special Instructions / Additional Information: Call and leave a message at 435-628-1604 </s><s> citizenship </s><s> and other immigration applications before USCIS. Location: Logan Community Recreation Center </s><s> UT 84321 City / County: Logan </s><s> please go online to https://www.nomaslegal.org/schedule-an-appointment.html . Walk-ins are served on a first-come </s><s> by appointment. 5:00-7:00 p.m. Topic: Civil law </s><s> Garfield </s><s> Kane and Washington Counties Special Instructions / Additional Information: Call and leave a message at 435-628-1604 </s><s> by appointment. 5:00-7:00 p.m. Topic: Civil law </s><s> Garfield </s><s> Kane and Washington Counties Special Instructions / Additional Information: Call and leave a message at 435-628-1604 </s><s> by appointment. 5:00-7:00 p.m. Topic: Civil law </s><s> Garfield </s><s> Kane and Washington Counties Special Instructions / Additional Information: Call and leave a message at 435-628-1604 </s><s> including citizenship </s><s> deportation </s><s> West Valley Center Room 130: 3460 S. 5600 W. West Valley City </s><s> Salt Lake County (online appointments statewide) Special Instructions / Additional Information: Learn more by emailing probono@law.utah.edu or calling 801-581-5418 . Expungement Legal Site - Pro Bono Initiative 1st Thursday of every month </s><s> such as expungements and issues regarding outstanding warrants. Location: Salt Lake Legal Defenders Association 275 E 200 S Sal Lake City </s><s> Salt Lake County Special Instructions / Additional Information: Request an appointment online </s><s> child custody </s><s> protective orders Location: Kearns Public Library 4275 West 5345 South Kearns </s><s> Salt Lake County Special Instructions / Additional Information: Walk-ins only. In addition to volunteer lawyers </s><s> can be heard by the court. For more details </s><s> 888 South 400 West </s><s> Salt Lake County Special Instructions / Additional Information: Available to homeless youth ages 15-22. Spanish speakers available. For appointments or more information </s><s> by appointment. 5:00 to 7:00 p.m. Topic: Legal Representation in green card </s><s> asylum </s><s> UT 84116 City / County: West Valley City </s><s> please go online to https://www.nomaslegal.org/schedule-an-appointment.html . Walk-ins are served on a first-come </s><s> by appointment. Walk-in appointments available. 6:00-7:30 p.m. Topic: LGBT legal issues related to employment </s><s> estate planning and family law. Location: Utah Pride Center </s><s> Salt Lake County; online appointments Statewide Special Instructions / Additional Information: Appointments are 30 minutes long and can be hosted either at the Utah Pride Center or online via zoom. Walk-in appointments available. Request an appointment online </s><s> by appointment. 5:00 to 7:00 p.m. Topic: Family law </s><s> first served in person: Utah County Health and Justice Building </s><s> Provo </s><s> Utah County Special Instructions / Additional Information: No income requirements. Contact: To request an appointment </s><s> by appointment. 5:00-7:00 p.m. Topic: Civil law </s><s> Garfield </s><s> Kane and Washington Counties Special Instructions / Additional Information: Call and leave a message at 435-628-1604 </s><s> by appointment. 4:00 to 6:00 p.m. Topic: Domestic violence </s><s> stalking injunctions </s><s> Family law </s><s> UT 84401 City / County: Ogden </s><s> clients must call the main line starting the Wednesday morning the day before the clinic until filled at 801-394-9456 . Appointments will be first come </s> |
<s> Case Reports </s><s> Case Reports </s> |
<s> including the Utah State Supreme Court and many county district courts. Records of municipal courts and justice courts are housed here also. Supreme Court </s><s> and probate court records date back to establishment of the territory. More recent records created by these agencies </s><s> remain with the creating agency. Provided by Utah.gov Digital Recordings Utah's district </s><s> Case Disposition Reports </s><s> Transcript </s> |
<s> civil and criminal cases. All felony and class A misdemeanor cases are filed in district courts. Justice courts are limited jurisdiction courts. Cases handled in justice courts include most class B and C misdemeanors </s><s> and traffic cases. As of 2009 </s><s> party addresses (if available) </s><s> attorneys of record </s><s> hearings held </s><s> and the outcome of completed cases. Images of public documents filed in district court cases are available for purchase on Xchange. Information is complete for all courts since they began using CORIS </s><s> such as adoptions and civil commitments </s><s> child welfare </s><s> 2012. This change makes some records in some civil court actions private. The actions affected are divorce </s><s> grandparent visitation </s><s> adjudication of marriage </s><s> guardianship </s><s> cohabitant abuse </s><s> UCCJEA </s><s> and paternity. The case history with minute entries of public hearings; judgments </s> |
<s> submit a Request for Court Record form . What happens next depends on what you asked for. If you asked for non-public records </s><s> the court will make a decision on your fee waiver and send you more information The court will respond to the request as soon as possible. Usually </s> |
<s> you must teach yourself about the responsibilities of the position. Commission on Racial and Ethnic Fairness This documents the continuing work and accomplishments of the Commission on Racial and Ethnic Fairness in the Criminal and Juvenile Justice System. It tracks the implementation of the Task Force recommendations and suggests new directions to increase access and fairness. Court Performance Measures In 2004 </s><s> Code of Judicial Conduct Annotated </s> |
<s> 2022 - June 30 </s><s> 2021 - June 30 </s><s> 2020 - June 30 </s><s> 2019 - June 30 </s><s> 2018 - June 30 </s><s> 2017 - June 30 </s><s> 2016 - June 30 </s><s> 2015 - June 30 </s><s> 2014 - June 30 </s><s> 2013 - June 30 </s><s> 2012 - June 30 </s><s> 2011 - June 30 </s><s> 2010 - June 30 </s><s> 2009 - June 30 </s><s> 2008 - June 30 </s><s> 2007 - June 30 </s><s> 2006 - June 30 </s><s> 2005 - June 30 </s><s> 2004 - June 30 </s><s> 2005 - December 31 </s><s> 2003 - June 30 </s><s> 2002 - June 30 </s><s> 2001 - June 30 </s><s> 2000 - June 30 </s><s> 1999 - June 30 </s><s> 1998 - June 30 </s><s> 1997 - June 30 </s><s> 1996 - June 30 </s> |
<s> the arts council is created and sponsored by a government entity. Informal Opinions for the year 2020 Informal Opinion No. 20-01 A courthouse may not have a display showing pictures of members of the local bar association. Informal Opinion No. 20-02 A judge may not be involved in efforts to encourage the Utah State legislature to ratify the Equal Rights Amendment because it is not an issue that directly and primarily impacts the legal system. Informal Opinions for the year 2019 Informal Opinion No. 19-01 A part-time justice court judge may not serve as a bankruptcy trustee. Informal Opinion No. 19-02 A judge may not accept an invitation to speak to a gathering of law enforcement officers about integrity </s><s> provided the voting is done online or the judge appears at the caucus site solely for the purpose of voting and does not attend the actual caucus meeting. Informal Opinion No. 16-02 The Committee provides additional direction on Informal Opinion 15-1 </s><s> commending the work of the officer </s><s> even though the judge will need to extend the lunch time 20 minutes. The time away is not significant. Informal Opinions for the year 2007 Informal Opinion No. 07-1 A part-time justice court judge may serve on a traffic safety committee appointed by a local school board. Informal Opinion No. 07-2 A part-time referee may not practice criminal law. Informal Opinion No. 07-3 The judge may review the history of the minor's involvement </s><s> with the juvenile court </s><s> including the legal and social files </s><s> inter alia. Informal Opinion No. 07-4 A judge may not serve on the Board of the National Alliance for the Mentally Ill (NAMI). Informal Opinions for the year 2006 Informal Opinion No. 06-1 A judge must enter disqualification when the spouse of the judge's front office and in-court clerk appears as counsel in a proceeding. Informal Opinion No. 06-2 A judge must enter disqualification in proceedings involving the employer of the judge's spouse </s><s> a non-profit entity. Informal Opinion No. 06-6 A juvenile court judge may make presentations to certain groups </s><s> a CASA award program </s><s> integrity and impartiality of the judiciary. Informal Opinions for the year 2003 Informal Opinion No. 03-1 A judge has asked whether he may maintain membership in a cycling club that is sponsored </s><s> by a law firm. Informal Opinions for the year 2002 Informal Opinion No. 02-1 A judge may not attend a political party caucus. A judge may vote in a primary election </s><s> the legal system </s><s> but must disclose the service in cases involving ULS attorneys. Informal Opinion No. 00-2 A part-time justice court judge may accept an appointment to a local school district board of education. Informal Opinion No. 00-3 A judge is not required to report criminal activity of which the judge becomes aware </s><s> or has previously </s><s> and for a period of six months after the proceeding has ended. Informal Opinion No. 00-5 A judge may operate a campaign if the judge is not certified by the Judicial Council. A judge who is certified may not operate a campaign simply in response to below average scores or Judicial Conduct Commission sanction. However </s><s> (c) and (d) herein. Informal Opinions for the year 1999 Informal Opinion No. 99-1 A juvenile court judge may not make referrals to a private counseling center at which the judge's spouse serves on the board of trustees. Informal Opinion No. 99-2 A plaque recognizing a 'trial lawyer of the year' may not be displayed in a courthouse. Informal Opinion No. 99-3 A judge may contact the judge's insurance carrier to discuss coverage issues </s><s> and as the coordinator for </s><s> but the judge must not participate in discussions concerned primarily with prosecution tactics. Informal Opinion No. 98-5 A judge should not allow the judge's court clerk to participate in a city mobile watch program which is conducted within the jurisdiction of the court. Informal Opinion No. 98-6 A judge may serve on a Domestic Violence Coalition if membership is broad-based </s><s> and the focus of the coalition is on the improvement of the law. Informal Opinion No. 98-7 A commissioner may not issue title insurance through Attorneys Title because of the appearance that the commissioner is practicing law. Informal Opinion No. 98-8 A judge may not receive compensation for marriages performed during court hours (8:00 to 5:00). A judge may receive compensation for marriages performed at a courthouse if the courthouse is regularly used for marriage ceremonies. Informal Opinion No. 98-9 A judge may communicate with an appellate court concerning a pending case only when requested by the appellate court and only through the record. Informal Opinion No. 98-10 When presented with an appellate court directive that apparently conflicts with statutes or rules </s><s> because of those concerns </s><s> because the counseling service receives referrals from the court. Informal Opinion No. 98-14 Disqualification is not necessary in a proceeding involving an employee of a different court-level </s><s> because the meeting is a political gathering. Informal Opinion No. 98-16 Disqualification is not necessary in a proceeding involving the county which previously employed the judge as a county attorney. Informal Opinion No. 98-17 The Code of Judicial Conduct does not apply to the Judicial Council as an entity. Informal Opinion No. 98-18 Individual Judicial Council members may propose and/or vote on a Council resolution to file an amicus brief in a Utah Supreme Court case involving separation of powers issues; assist in the preparation of the brief; and cause the brief to be filed with the Supreme Court. Formal Opinion No. 98-1 A judge may engage in private social interactions with attorneys who have cases pending before the judge </s><s> on a contract basis </s><s> but may not preside as active judge over criminal or habeas cases. Informal Opinion No. 97-2 Judge must enter disqualification when relative within third degree is employed as an associate or law clerk of the law firm appearing before the judge. Informal Opinion No. 97-3 Judge may participate in nonprofit musical education and performance organization as long as it does not interfere with judicial duties. Informal Opinion No. 97-4 Juvenile Court Judges may receive ex parte communications from juvenile court probation officers requesting warrants to detain juveniles. Informal Opinion No. 97-5 Part-time justice court judge may not attend or observe an administrative check point or ride with a law enforcement officer to observe procedures. Informal Opinion No. 97-6 Court employee may accept an appointment to the Grievance Council of the Utah Division of Child and Family Services. Informal Opinion No. 97-7 Replaced by Formal Opinion 98-1. Informal Opinion No. 97-8 Disqualification is not required when a lawsuit is filed complaining of acts in the judge's judicial capacity. Facts prompting disqualification must be extrajudicial. Informal Opinion No. 97-9 Judges and court employees may not participate in soliciting jurors to donate their fees to the CASA program. Informal Opinions for the year 1996 Informal Opinion No. 96-1 Judge of a full-time justice court is presumptively a full-time judge. Presumption may be rebutted. Informal Opinion No. 96-2 Judge must enter disqualification in proceedings involving employee of judge's district. Disqualification also extends to members of employee's immediate household and family. Informal Opinion No. 96-3 Judge is not automatically disqualified from proceedings involving attorney who has represented parties in lawsuits and ethical actions against the judge. Formal Opinion No. 96-1 Judges may not participate in Executive Banking Program offered in connection with banks contractual relationship with the state courts. Informal Opinions for the year 1995 Informal Opinion No. 95-1 Active Senior Judge may serve on the Board of Child and Family Services. Informal Opinion No. 95-2 An applicant for judicial office is not prohibited from participating in planning and attending a political fund-raising dinner. Informal Opinion No. 95-3 Judge may not serve on the Board of Regents. Informal Opinion No. 95-4 Replaced by Formal Opinion 96-1. Informal Opinions for the year 1994 Informal Opinion No. 94-1 Judge may serve as mediator in federal court-annexed ADR program. Uncompensated service in court annexed program is not mediation 'in a private capacity.' Informal Opinion No. 94-2 Judges may not serve on Judiciary Committee of the Utah Substance Abuse Coordinating Council because the committee's actions are not limited to the purposes allowed by the Code. Informal Opinion No. 94-3 Judge may not receive compensation for marriages performed during court hours or on court premises. Informal Opinion No. 94-4 Judge need not enter disqualification in cases involving guardian ad litem who had previously shared office space with judge </s><s> which employs judge's spouse. Judge should disqualify if impartiality could be questioned. Informal Opinions for the year 1993 Informal Opinion No. 93-1 Judge may not maintain membership in organization that endorses candidates for partisan political offices </s><s> if father's compensation depends on success of firm. Disqualification may be waived. Informal Opinions for the year 1991 Informal Opinion No. 91-1 Judge may not serve on editorial board of magazine which focuses on political races and personalities. Informal Opinion No. 91-2 Judge may not write a reference letter for person wishing to obtain commercial financing. Judge may write letter of reference for probation officer applicant who has appeared professionally before the judge. Informal Opinion No. 91-3 Judge may sit on fee arbitration panel established by Bar </s><s> but should not be involved in fund-raising or investment of funds. Informal Opinion No. 90-7 Judge may participate in CLE sponsored by non-profit group </s><s> as long as writing does not interfere with judicial duties </s><s> or firm handled while judge was associated with firm </s><s> or discussion that may subject a sentence to collateral attack. Informal Opinion No. 89-4 Judge may participate and give lectures in tour of foreign countries even though judge's expenses are paid by for-profit group organizing tour. Informal Opinion No. 89-5 Judge is not automatically disqualified from proceedings involving cousin who is a deputy sheriff. Informal Opinion No. 89-6 Judge may not accept Christmas gifts from attorneys or parties who are likely to appear before judge </s><s> but should disqualify if conflicts arise. Formal Opinion No. 89-1 Appellate court judge may serve as president-elect and president of state bar </s><s> who is a prosecutor. Informal Opinion No. 88-2 Judge may not participate on the Salt Lake County Child Abuse Coordinating Committee because the activities of the committee had gone beyond permissible purposes. Informal Opinion No. 88-3 Judge must enter disqualification in cases involving LDA where LDA employs judge's spouse and where the judge was associated with LDA when it undertook the representation. Informal Opinion No. 88-4 Judge may serve on the Board of Directors of the United Way provided judge has separated himself from fund-raising. Informal Opinion No. 88-5 Judge who hears the testimony of peace officers in the course of judicial duties should not teach peace officers a course on the Utah Code and proper courtroom demeanor. Informal Opinion No. 88-6 Judge may not teach a CLE seminar sponsored by a private for-profit group composed of attorneys. Informal Opinion No. 88-7 Judge may not host or attend a political caucus. The committee cannot give advice to the judge's spouse. Informal Opinion No. 88-8 Judge may not offer expert testimony on the reasonableness of a settlement offer. Informal Opinion No. 88-9 Justice court judge should not testify as a character witness for a criminal defendant </s> |
<s> judges are disqualified from presiding over proceedings in which a lawyer in the proceeding supervises </s><s> individuals related to or having certain relationships with the judge. That disqualification requirement is eliminated if the entity that employs the judge’s family member removes the lawyer from the family member’s line of supervision (Rule 2.11(C)). Conflict notices and the actions taken by an entity employing a judge’s family member to eliminate the conflict are posted below. Judge Monica Diaz-Perng September 30 </s> |
<s> in order to meet the stated intentions of the Rule and to promote the creation of facilities that support effective and efficient Court operations. All Judicial facility planning and design will reflect the organizational </s> |
<s> the clearance rate is the number of adjudicated referrals as a percentage of the number of initiated referrals in a given time period. Time to Disposition In January 2013 </s><s> Fines and Fees The amount of outstanding restitution owed to victims and uncollected court-ordered fines and fees. Court Employee Satisfaction Surveys of court employees to measure positive work environments </s><s> and motivation to contribute to the mission of the Utah Courts. Public Trust and Confidence in the Courts Surveys conducted to determine public perceptions of the Utah State Courts. Juvenile Court Report Card to the Community Reports to provide taxpayers with an update on how Utah's juvenile justice system is performing. The mission of the Utah Courts is to provide the people an open </s><s> efficient </s> |
<s> transferred </s> |
<s> but it is not guaranteed that it will be available. Network Name and Details The court's network name is courtsguest For instructions to access the courtsguest network </s><s> and bandwidth is limited for streaming audio and video. You will be required to agree to the following Wireless Internet Usage Policy. Wireless Internet Usage Policy Utah State Courts offers wireless access to the Internet for users with their own laptops or PDAs. Utah State Courts recognizes the privacy of the user and does not monitor the information or sites accessed by users. Security in an electronic environment such as the Internet cannot be guaranteed and users are warned that all transactions and communications are vulnerable to unauthorized use. Utah State Courts assumes no responsibility for any damage </s><s> arising from users' use of particular sites. Utah State Courts has no control over information available through the Internet and assumes no responsibility for the content </s> |
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<s> Abuse </s> |
<s> 2004 </s><s> neglect </s><s> unless a motion is made to deny access. Protective order proceedings will be open as well. Has anything changed in regards to juvenile delinquency cases or adoption proceedings? The access change only applies to child welfare cases. Adoption proceedings will remain closed to the public. (Delinquency Cases Statute: In delinquency cases in which the minor charged is 14 years of age or older </s><s> however </s><s> however </s><s> 2004. (Rule 4-202.03. of the Code of Judicial Administration governs records access.) One can submit a motion for a copy of a legal file when the file is not placed under seal and is not part of a proceeding. A form is available to petition a record; however </s><s> legal pleadings </s><s> judge's order </s><s> documentation of treatment </s><s> Iowa </s><s> Michigan </s><s> Nebraska </s><s> North Carolina </s> |
<s> the only contact they have with the daily workings of the law is through media reports. Purpose: Judges and court staff play an important role in assisting the media in the covering the courts. The purpose of this media protocol is to provide court employees with guidelines on when and how to respond to requests from the media. The objective of the protocol is to ensure that reporters are receiving the information they need in a timely manner and to ensure the court's message is being accurately communicated. Protocol: The protocol of the Utah State Courts is to have employees respond quickly </s><s> and accurately to questions from representatives of the news media. This includes providing factual information having to do with their functions and responsibilities with the court. Utah State Court employees should answer routine inquiries from the news media dealing with case status or the date of hearings or trials. Employees should not disclose information to the news media that is inaccessible to the public pursuant to state statutes or by order of the court. In addition </s><s> or interpretation of </s><s> including the results of any trial or other action taken in open court. Media representatives who request additional information relative to any case </s><s> should be directed to the court record. Non-routine or policy-related questions from the media should be referred to the presiding judge </s><s> or public information officer. In the event of an emergency situation </s><s> internal communications </s><s> publications </s><s> when a reporter calls about every day court business and employees are able to respond to the call </s><s> e.g. the time a case is scheduled </s><s> and requests for transcripts. (See general media tips listed below.) If court personnel are not comfortable responding to a media request-or if they have been directed not to speak to the media-they should refer the call to the presiding judge </s><s> or PIO. When to alert the Public Information Office: Overarching Court Issues When a reporter calls wanting to know overarching information about the courts </s><s> how a new statute will be implemented </s><s> statistical information </s><s> court personnel should refer the call to the PIO. If court personnel are unsure whether or not to respond to a reporter </s><s> a case or issue becomes "high profile" and can often take on a life of its own. In this instance </s><s> this allows the PIO to be aware of the case and better prepared to handle calls from other reporters </s><s> the judiciary will not respond to news stories regarding the appropriateness of a particular court decision. If court employees become aware of an inaccuracy reported to the media they should contact the PIO. Court Spokespersons: Presiding judges </s><s> public information officer </s><s> deputy state court administrator </s><s> juvenile court administrator </s><s> and others when directed. Media in the Courthouse: Photographing Court Proceedings Media requests to photograph court proceedings are governed by Rule 4-401. A form titled "Media request for still photography in the courtroom </s><s> then Resources/Policies/Photography. Incidents involving media coverage that are not governed by Rule 4-401 and are deemed inappropriate by the court should be referred to the PIO for appropriate action. Media Interviews To ensure public safety and to minimize disruptions of court operations </s><s> e.g. movies </s><s> wedding portraits </s><s> filming in the courtroom is permitted only for ceremonial or court-approved public information programs when approved by the presiding judge. General Media Tips: When talking with a reporter </s><s> return a reporter's call within 30 minutes (most media experts suggest 15 minutes). If unavailable to respond </s> |
<s> you play an essential role in America's justice system. Your role is based on the tenets of a free society found in the Utah and U.S. Constitutions. American citizens have the right to a fair trial and jurors ensure this right is upheld. Jury service is a chance to participate in the democratic process </s><s> afterwards jurors typically say they've enjoyed being part of the process. This website will provide an overview of what you can expect if selected to serve on a jury. Use the links in the box above to select the content you would like to view. Thank you for serving! Sincerely </s> |
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<s> Custody and Parent-Time Initial Disclosures Judicial Recognition of a Relationship as a Marriage Mandatory Education in Divorce and Temporary Separation Modifying Child Custody Modifying Child Support Modifying Parent-time Motion to Enforce Order Motion to Waive Divorce Waiting Period Online Court Assistance Program (OCAP) Custody Cases Parenting Plans Property Division Public and Non-public Records Relocation of a parent in divorce and custody cases Separate Maintenance Serving Papers Temporary Separation Utah Statutes </s><s> Husband and Wife Utah Statutes </s><s> Chapter 12 </s><s> Title 78B </s><s> Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes </s><s> Chapter 14 </s><s> you are no longer married. The court issues a divorce decree. The decree can cover different issues. Visit one of the linked pages below for more information on: Alimony - Money paid to help support an ex-spouse Child Support - Providing money to help cover children's costs Custody - Legal Custody - Who will make decisions about the children Physical Custody - who the childrene will live with Parent-time - When each parent spends time with the children Splitting of - debt </s><s> retirement funds Before filing for divorce Utah Residency Requirement To file for divorce in Utah </s><s> usually the child needs to live in Utah with one parent for at least 6 months before filing. There are exceptions. Our Finding Legal Help page has resources if you need help. Grounds for Divorce When you ask for divorce you need to give the court a reason for your divorce. Once reason is that you and your spouse have serious marital problems that cannot be fixed. This is called irreconcilable differences. You can see all of the other grounds for divorce in Utah Code 30-3-1(3) . Cost of Divorce Costs and fees for a divorce can vary. They can include: Fee to file the petition Online Court Assistance Program (OCAP) fees Fee for the Office of Vital Records and Statistics Fees to serve the petition and summons Attorney fees Copying costs Fees for the Divorce Education class and the Divorce Orientation class if there are minor children. If you cannot afford the fees </s><s> see our page on Fee Waiver . Are My Divorce Records Public? Most court records can be viewed by anyone. However </s><s> 2012 </s><s> like: the people getting divorced their lawyers But the orders and decrees are public . For example if a motion to waive the 30-day waiting period is approved </s><s> you say the document iss private. For more information </s><s> like: Social Security numbers Birth dates Information that identifies minors Be careful not to include private information in public documents like court orders. Steps in a divorce case See the Roadmap for divorce cases for an overview of the process and timelines. The spouse starting the divorce case is the petitioner. The other spouse is the respondent. Click below to see an explanation of the different steps in a divorce case Petitioner completes and files documents - Step 1 You can use the Online Court Assistance Program (OCAP) to prepare the petition and your other divorce papers. Follow the OCAP instructions. File with the district court in the county you or your spouse has lived for the past 3 months. See our page on Filing Procedures for more information. Temporary orders - optional step You might need temporary orders while your case is pending. Temporary orders cover issues like: Child support Custody Parent-time Using the home Paying debts Temporary orders last until the divorce is final. Get forms and information on our How to get a Temporary Order page. Domestic Relations Injunction - Step 2 When you file your petition </s><s> transfer property take long trips with your minor children There are other rules. Read the injunction carefully. The injunction starts when you file your petition. It controls your spouse when it is delivered to them. See the Domestic Relations Injunction page for more information. Petitioner has papers served - Step 3 Within 120 days after filing </s><s> summons </s><s> you must both take divorce classes: Orientation class Education class Learn about class locations </s><s> they can also have them take a free online class. It teaches coping strategies for the divorce transition. Mental health professionals teach the children's course. Enroll your kids by visiting Divorce Education for Children Online . If the respondent answers 1. Attend the Case Management Conference This is a hearing with the court to set dates for your case. The court might schedule dates for: Sharing your financial declarations and initial disclosure s Mediation - when you talk with a third person to try to agree on issues (scroll down if you need to ask to skip mediation Trial The court could schedule other issues. It depends on how complicated your case is. Utah Rule of Civil Procedure 100A 2. Share your information You and the respondent must share information about the case. For more information and forms </s><s> use OCAP to make the papers. OCAP allows stipulations when first filing or anytime you reach agreement. Your final papers must match what your stipulation says . If your final papers say something different </s><s> you can ask for a default judgment. This means you get what you asked for in the divorce petition. You can also get a default judgment if the respondent signed an Acceptance of Service </s><s> Consent and Waiver form. Your final papers must match what you asked for in your petition. If your final papers say something different </s><s> you usually must mdiation before your case can move forward. Mediation is a meeting where both parties try to resolve their differences by talking with neutral third person </s><s> use your OCAP Divorce Interview prepare the your final papers. Final documents OCAP might not produce all the papers you need to finish your case. What else you need to file will mostly depend on whether or not you have children. You can look at these checklists to see what is required: Divorce Checklist - Children Divorce Checklist - No Children Going to trial The following procedures apply only if the parties are not able to reach an agreement about what the divorce decree should say. Child custody evaluation You or the respondent can ask for a custody evaluation. This is done by a professional evaluator. The judge can order a custody evaluation even without a motion from a party. A custody evaluation may be expensive. The cost is usually split between you and the respondent. Our page on Custody Evaluation has more information. Utah Code of Judicial Administration 4-903 Trial See the Getting Ready for Trial web page for information about going to trial. Divorce decree The parties are not divorced until the judge signs the decree. After the divorce Appeals If you disagree with the judge's decisions and thinks they made a legal mistake </s><s> your or the respondent can ask the court to correct the decree. A clerical mistake is something like if the monthly child support payment amount is supposed to be $300 but was listed as $30. Our Motion to Correct Clerical Mistake has information and forms. Enforcing a Decree You or the respondeent can ask the court to enforce the divorce decree. You or the respondent can also enforce enforce temporary orders. Our page on Motion to Enforce Order has forms and information. Getting a Copy of Your Decree To get a copy of your divorce decree </s><s> signed </s><s> the Lieutenant Governor provides this authentication. The Apostille Request Form is available on the Lt. Governor's website. Setting Aside a Judgment If you have a good reason for it </s><s> or to prepare a Stipulation. To prepare and Answer and optional Counterclaim </s><s> or if a party is asking for alimony. 1004FA To be used by either party to tell the court what they know about how much money the other party earns. 1113FA (Used to object to the proposed order or Judgment) Other forms Certificate of Divorce </s> |
<s> how you file will depend: If your case is in district or justice court... And you are starting a case </s><s> mail them </s><s> you can either deliver your papers to the court </s><s> or email them . For eviction and debt collection cases you can also file papers using MyCase . If your case is in juvenile court you can either deliver your papers to the court </s><s> or email them . The US Postal Service has changed delivery times. Your mail could be delayed by several days. If you are facing a deadline to file something you might want to consider filing it by email or using another delivery method. A document is not filed until the court receives it. If the document goes missing in the mail </s><s> but it may be a good idea because the filing party is responsible for non-delivery. Non-Public Information The person filing a document with the court is responsible for making sure it does not include any non-public information </s><s> and to find forms for providing non-public information to the court. Where to File A complaint or petition starting a case must be filed with the court that has the authority to handle it. This is called "jurisdiction." Most civil cases </s><s> are filed in district court. Small claims cases are filed in justice court (except in Cache County). A request for a child protective order or a petition to terminate parental rights are filed in juvenile court. The complaint or petition also must be filed in the correct county. This is called "venue." There may be more than one correct county to choose from. The county in which the defendant lives and the county in which the case arose are almost always the correct county. There may be other ways to determine proper venue in particular types of cases. See the Utah Code for laws about venue for many kinds of cases. After the initial petition or complaint has been filed with the court </s><s> and different documents have different deadlines. For example: A complaint or petition must be filed within the deadline created by the applicable Statute of Limitations . An Answer to a complaint or petition must be filed within the time specified in the Summons . The Motions process has specific deadlines outlined in Utah Rule of Civil Procedure 7 and URCP 101 . The deadlines for other documents are governed by court rules </s><s> if a party was served on June 17: June 17 is day 0 June 18 is day 1 June 19 is day 2 </s><s> unless it is a Saturday </s><s> if a party has 21 days in which to file a document and day 21 is a Saturday </s><s> their last day to file the document would be the end of the next business day. If the time period is stated in days </s><s> Sundays </s><s> count intermediate Saturdays </s><s> and legal holidays. If the period would end on a Saturday </s><s> the period continues to run until the same time on the next business day. Time stated as "calendar days" includes Saturday </s><s> seven days are added to the deadline. For example </s><s> the responding party has seven additional days to respond. The court must receive the response by day 21. There are other requirements </s><s> the filing party must be in the clerk's office before closing. Some courts do not accept filings shortly before closing. Contact court staff to ask about local procedures. Filing Fee There is a filing fee for nearly all complaints and petitions and for some other documents. Filing fees are established by Utah Code Section 78A-2-301 . The Filing / Record Fees web page lists all filing fees </s><s> they can ask the judge to consider waiving them. See the Fee Waiver web page for more information and forms. If a party is not asking that the fee be waived </s><s> the party must include a check for the filing fee. Serving Papers on the Other Party All documents filed with the court must be "served" on all parties in the case. "Service" means delivering the forms or documents to the other parties. See the Serving Papers web page for information about the rules for serving documents to start a case </s> |
<s> Chapter 40 What is expungement? Generally </s><s> and conviction </s><s> you can tell people the arrest or conviction did not happen. A government agency that has received an expungement order will say the same thing. The expungement order applies only to government agencies. After a record is expunged </s><s> news accounts of an arrest or conviction are not affected. Not a U.S. citizen? Get advice from an immigration lawyer about whether to expunge your criminal records. The FBI could have records of a criminal case even though the case was expunged. See our Finding Legal Help page for information about ways to get legal help. Do you need to access your expunged records? Visit our page on Accessing Expunged Records for more information. Will my record be expunged automatically? We are currently processing expungements for Acquittals </s><s> and Clean Slate if they meet certain criteria. Answer the questions under "What happened in your case?" to find out if your case is eligible. It will take up to a year or more to process all of the eligible cases. We currently do not have the ability to predict when your case will be expunged. If you would like to check to see if your case has been expunged </s><s> for example </s><s> but once it is expunged you won’t be able to view the case. For more information please visit our Xchange page. What happened in your case? It was dismissed with prejudice (click to expand) Your case may be eligible for automatic expungement. Please visit Clean Slate Utah for more information. Automatic expungement is new. It started February 10 </s><s> 2022. It will take a year to expunge all eligible cases. I was acquitted (click to expand) Your case may be eligible for automatic expungement. Please visit Clean Slate Utah for more information. Automatic expungement It started February 10 </s><s> your case may not be eligible for automatic expungement. Read when you can ask to expunge your criminal record to see if you can file papers to ask for expungement. You can also find more information in Utah Code 77-40a-101(5) If no </s><s> fees </s><s> fees </s><s> infractions </s><s> fees </s><s> visit Clean Slate Utah for more information. Automatic expungement is new. It started February 10 </s><s> you can read when you can ask to expunge your criminal record to see if you can file papers to ask for expungement. Utah Code 77-40a-101(4) and Utah Code Title 77 </s><s> Part 2 When you can ask to expunge your criminal record Are you unsure whether your record can be expunged? Try Salt Lake County's free eligibility tool . Before you think about expungement </s><s> fees </s><s> unless the criminal case is for a traffic offense. You can't ask for expungement when a criminal case is still unresolved You are not currently incarcerated </s><s> or on parole. You must wait until you are no longer incarcerated </s><s> you cannot expunge this case What happened in your case? I was arrested but charges were never filed (Click to expand) You can ask for expungement if: At least 30 days have passed since the arrest </s><s> but my case was dismissed with prejudice (Click to expand) You can ask for expungement if: At least 30 days have passed since the arrest Did you enter a plea in abeyance? If so </s><s> you must file a Motion to Dismiss to ask that the case be dismissed. You can use the forms found on the Motions web page to ask for this. See how to ask for expungement for next steps Utah Code 77-40a-302 Charges were filed </s><s> and Either the prosecutor consents in writing to the expungement or at least 180 days have passed since the day the case was dismissed Did you enter a plea in abeyance? If so </s><s> you must file a Motion to Dismiss to ask that the case be dismissed. You can use the forms found on the Motions web page to ask for this. See how to ask for expungement for next steps Utah Code 77-40a-302 I was acquitted (Click to expand) You can ask for expungement if: At least 30 days have passed since the arrest See how to ask for expungement for next steps Utah Code 77-40a-302 I was convicted (Click to expand) Was your case for one of the listed crimes below? a capital felony </s><s> you can't expunge these cases. Instead you can try to: Get legal advice. See our Finding Legal Help page for more information File a Motion to Reduce Conviction Ask the Utah Board of Pardons and Parole for a pardon If your conviction is reduced or pardoned </s><s> skip to "Has enough time passed?" If you have more than 2 convictions that were not closely related in time or related to the same criminal objective </s><s> and 2 of those crimes are class A misdemeanors? 4 or more crimes (other than drug possession) </s><s> you can't expunge your criminal cases. Instead you can try to: Get legal advice. See our Finding Legal Help page for more information. File a Motion to Reduce Conviction Ask the Utah Board of Pardons and Parole for a pardon If your conviction is reduced or pardoned </s><s> probation or parole. Use whichever occurred last. Misdemeanor conviction of Subsection 41-6a-501(2) Felony conviction of Subsection 58-37-8(2)(g) 10 years Felony 7 years Class A Misdemeanor or felony drug possession 5 years Class B Misdemeanor 4 years Other Misdemeanor or Infraction 3 years If not enough time has passed you can wait or try to file a Motion to Reduce Conviction . If enough time has passed see how to ask for expungement for next steps. I have a conviction for cannabis possession (Click to expand) If you have a conviction related to cannabis possession and are not qualified to receive a certificate of eligibility </s><s> and the cannabis was in a form to medicinally treat your condition </s><s> but not nausea related to: pregnancy; cannabis-induced cyclical vomiting syndrome; or cannabinoid hyperemesis syndrome Crohn's disease or ulcerative colitis epilepsy or debilitating seizures multiple sclerosis or persistent and debilitating muscle spasms post-traumatic stress disorder (meeting the requirements described in Utah Code 26-61a-104(2)(j)) autism a terminal illness when the patient's remaining life expectancy is less than six months a condition resulting in the individual receiving hospice care a rare condition or disease that: affects less than 200 </s><s> as defined in Section 526 of the Federal Food </s><s> and Cosmetic Act; and is not adequately managed despite treatment attempts using: conventional medications other than opioids or opiates; or physical interventions; pain lasting longer than two weeks that is not adequately managed </s><s> despite treatment attempts using: conventional medications other than opioids or opiates; or physical interventions a condition approved by the Compassionate Use Board. I have attached proof of the Board's approval. Form of cannabis ( Utah Code 26-61a-102(32) ) The cannabis you had in your possession at the time of your arrest must have been in a form allowed by law. If you had processed medical cannabis or a medical cannabis product </s><s> gelatinous rectangular cuboid </s><s> it must have been in a container described in Utah Code Section 4-41a-602 </s><s> child-resistant bag that a medical cannabis pharmacy provided; and have been labeled with the container's content and weight </s><s> the legal use termination date. Or </s><s> milligrams </s><s> follow the process in the How to ask for expungement section of this web page. Skip Step 1 </s><s> your records will be expunged shortly after the court signs the order. Step 1 - File a petition with court (Click to expand) The forms listed here are available in the forms section below. Petition to Expunge Records: Choose the Petition to Expunge Records that best matches your case. Use the case number of the case you are asking to expunge. If you don't have a case number the court will give you one. Order on Petition to Expunge Records: Choose the form that matches your case. File your documents with the court that decided the criminal case. There will be a filing fee (look at the cover sheet to see how much). If you can’t afford the fee you can ask for a fee waiver . If a court case was never filed </s><s> you can use this directory of court locations to find your court. Make copies of all of these documents before you file the originals with the court for your records. Step 2 - Respond to any objections and attend any court hearings (Click to expand) When you file your papers with the court </s><s> and any other documents you have not already filed. Files an objection or statement within 35 days. Or the victim has 60 days to file an objection or statement. The court will schedule a hearing. If you wish to respond to the prosecutor's or victim's statement </s><s> within 14 days of receiving it </s><s> below). Bring to the hearing any other documents you have not already filed. Just signs an Acceptance of Service The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. File the Acceptance of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. Does nothing The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. File the Proof of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. The court might order the Division of Adult Probation and Parole (AP&P) to file a written response to the petition. The response will include the reasons probation was terminated </s><s> probation or parole. AP&P will serve the response on the petitioner </s><s> be sure to attend. Be ready to explain to the court why there is clear and convincing evidence that: the petition and certificate of eligibility are sufficient; the statutory requirements have been met; other case specific requirements have been met; and that expunging the records will not harm the public interest. Bring to the hearing any other documents you have not already filed. Utah Rule of Criminal Procedure 42. Utah Code 77-40a-305(3) See Utah Code 77-40a-101 (14) and (15) for definition of traffic offense. I am expunging some other kind of case (Click to expand) There are 3 steps to asking for expungement. The entire process can take several months. You must complete all 3 steps to expunge your records. If you need help </s><s> you will have 180 days from when it was issued to file it </s><s> with the court. If the certificate expires </s><s> you must also complete BCI's Third Party Release form and submit it with your Application. Step 2 - File a petition with court (Click to expand) Remember </s><s> file the expungement papers in the district where the arrest occurred. If you aren’t sure where to file </s><s> they will send a copy of what you file to the prosecuting attorney assigned to your case. Optional: Ask an attorney at the office of the prosecutor that handled the case to sign a Consent and Waiver of Hearing form to agree that the case should be expunged. If they sign it speeds up the process. If the prosecutor was the State of Utah or a county in Utah then you will use the district attorney for the county . If you need a city prosecutor then look on that city's webpage to find the city prosecutor or city attorney. What happens next depends on how the prosecutor responds. If the prosecutor… Then… Signs a Consent and Waiver of Hearing File the Consent and Waiver of Hearing </s><s> you can do so </s><s> by filing a Reply to Victim's or Prosecutor's Statement (See Optional forms </s><s> and whether the petitioner has completed all requirements of sentencing </s><s> the prosecuting attorney and the victim. The petitioner may file a reply to the AP&P response within 14 days after receiving it. If a hearing is scheduled </s><s> the court will seal all of the related records. If anyone asks about the expunged case </s><s> government agencies who receive an expungement order will tell anyone who asks that your arrest or conviction did not happen. A government agency who has received an expungement order may not give out any information identifying you. If your records are expunged you may respond to an inquiry as though that arrest or conviction did not occur. How to expunge appellate records If a defendant in a criminal case appealed their case to the Utah Court of Appeals or Utah Supreme Court </s><s> the defendant must file a petition with the Utah Supreme Court. This process is governed by Supreme Court Standing Order No. 12 . Requirements (Click to expand) The petitioner must have an order from a district court which expunges their entire trial court record as well as any information in possession of other government entities </s><s> a copy of the expungement petition that was filed with the district court </s><s> and a proposed redacted appellate court opinion to replace the previously-published opinion There are no forms on this website to petition the Utah Supreme Court to expunge appellate records. Proposed Redacted Opinion (Click to expand) To "redact" information means to obscure it or leave it out. The proposed redacted opinion must replace the petitioner's name with initials </s><s> " or with the pseudonym "Pat Doe." Additional personal identifying information must also be redacted </s><s> birthdate </s><s> if they were included as part of the original opinion. The Utah Attorney General's office has 30 days from which they were served to object to the expungement and/or to object to the proposed redacted opinion. Effect of Appellate Expungement (Click to expand) If the Utah Supreme Court grants the expungement petition </s><s> including appellate briefs. No one may access a sealed record except by order of the court. Replace the previously-issued opinion with a redacted opinion. Notify LexisNexis and Westlaw of the redacted opinion. The defendant may notify other publishers about the redacted opinion. Note: non-government entities (such as legal publishers) do not have an obligation to expunge or redact information in their possession. Continued Use of Sealed Records After sealing </s><s> but the records will not be released to the public. BCI will not divulge any information contained in the expunged records to any person or agency without a court order </s><s> the following organizations may receive information contained in expunged records: the Board of Pardons and Parole; Peace Officer Standards and Training; federal authorities </s><s> BCI may use the information in expunged records in determining whether the applicant or permit holder has been or is a danger to self or others. Expunged records may be released to or viewed by the petitioner if they show identification at the courthouse. Expunged records may also be released to or viewed by parties to a civil action arising out of the incident </s><s> the state may petition the court to open expunged records. A court may order expunged records to be opened and admitted into evidence for sentencing. The expunged records are confidential and are available for inspection only by the court </s><s> counsel for the parties </s><s> the court will order the records resealed. Forms Required forms I am expunging a traffic conviction (click to expand) 1044XX 1002EX 1022EX 1146XX 1148XX I am expunging a cannabis conviction (click to expand) 1044XX 1003EX 1023EX 1146XX 1148XX I am expunging some other kind of case (click to expand) Start with this form and send it to BCI: Application for Certificate of Eligibility from BCI If you are eligible </s> |
<s> iPads </s><s> or Paternity - Petitioner Custody and Support </s><s> go to https://www.utcourts.gov/en/self-help/categories/protect-order/protective-orders.html Protective Order on Behalf of a Child (to be filed in a juvenile court) Small Claims Affidavit and Summons - Plaintiff Counter Affidavit - Defendant Interpleader Affidavit </s><s> go to www.utcourts.gov/selfhelp/ . OCAP interviews approved for Licensed Paralegal Practitioner use Children and/or Family - Divorce Divorce - Petitioner Divorce Answer - Respondent Documentos de Divorcio Garnishment Employer's Answers to Garnishment Interrogatories Landlord and Tenant Landlord - Eviction Notices Landlord - Eviction Documents for Court Landlord - Damage Judgment Tenant - Respond to an Eviction Case Tenant - Respond to a Possession Bond Children and/or Family - Other Custody and Support </s> |
<s> UT </s><s> UT </s><s> P.C. St. George </s><s> 84770 Phone 1: (801) 599-7779 Email 1: james.elegante@gmail.com HEATHER THOMAS Mediator </s><s> UT </s><s> UT </s><s> 84059 Phone 1: 801-510-0677 Email 1: Stephanie@smjlawandmediation.com Website: https://www.smjlawandmediation.com/ HENRY O. WHITESIDE Mediator Salt Lake City </s><s> 84108-1678 Phone 1: (801) 583-4601 Email 1: hwhiteside@xmission.com LAYNE KERTAMUS Mediator Salt Lake City </s><s> UT </s><s> UT </s><s> LLC Payson </s><s> 84095 Phone 1: (801) 930-0290 Email 1: jake@andersonhinkins.com SHERRI HANNON Mediator Salt Lake City </s><s> UT </s><s> 802 E Bamberger Dr. </s><s> UT </s><s> UT </s><s> UT </s><s> Utah </s><s> PLLC Lehi </s><s> 84073 Phone 1: 801-989-3452 Email 1: christine.beck28@gmail.com Email 2: assistantmediator@gmail.com VELVET RODRIGUEZ-POSTON Master Mediator Salt Lake City </s><s> 84101 Phone 1: (801) 456-4199 Phone 2: (435) 513-4459 Email 1: assistantvrp@gmail.com BENJAMIN COOK Mediator BYU Center for Conflict Resolution Provo </s><s> 84602 Phone 1: (801) 422-7543 Email 1: cookb@law.byu.edu DAVID J. HUNTER Master Mediator Hunter Law Utah Mediations </s><s> UT </s><s> UT </s><s> 962 Chambers Street </s><s> UT </s><s> UT </s><s> UT </s><s> UT </s><s> PLLC Holladay </s><s> 84117 Phone 1: (801) 274-0702 Email 1: renon@renonwarnerlaw.com AMERICA FRANCIS Mediator </s><s> UT </s><s> UT </s><s> UT </s><s> JD. Mediator Jennings & Medura </s><s> UT </s><s> Utah </s><s> UT </s><s> PLLC Lehi </s><s> 84043 Phone 1: 801-989-3452 Email 1: assistantmediator@gmail.com WILLIAM F. THOMPSON Mediator Chantwill </s><s> UT </s><s> UT </s><s> UT </s><s> P.C. 912 W. Baxter Drive </s><s> UT </s><s> UT </s><s> Utah </s><s> UT </s><s> PC </s><s> UT </s><s> Inc. </s><s> UT </s><s> UT Phone 1: 646-858-8549 Email 1: alli.navar@gmail.com Website: https://www.mediationservices.online/ ALEXANDRIA YRUNGARAY Mediator Victory Mediation Salt Lake City </s><s> 84103 Phone 1: (801) 810-6647 Email 1: alex@victorymediation.com DAN L. WRIGHT Mediator Orem </s><s> 84057 Phone 1: (801) 830-1513 Email 1: qwes10@aol.com JOHN C. Jr. LILEY Mediator </s><s> UT </s><s> UT </s><s> Esq. St. George </s><s> 84770 Phone 1: (435) 319-4795 Email 1: lifeandlegalmatters@gmail.com Website: lifeandlegalmatters.com ALISSA URZI Mediator Clear Choice Mediation St. George </s><s> 84770 Phone 1: (435) 216-8400 Email 1: alissaurzi@hotmail.com CRAIG METCALF Mediator Arbitrator Kirton McConkie Salt Lake City </s><s> 84111 Phone 1: (801) 321-4806 Email 1: cmetcalf@kmclaw.com CHRISTINA ZAVELL Master Mediator Mediator Christina Zavell Mediation </s><s> 825 N Juniper Point Court Salt Lake CIty </s><s> 84103 Phone 1: (401)-935-9829 Email 1: christina@czmediation.com Website: https://czmediation.com/ MINDI HANSEN Mediator Hanks & Peterson </s><s> UT </s><s> UT </s><s> LLC Lehi </s><s> 84043 Phone 1: (801)243-4547 Email 1: stepinmyshoes@gmail.com Website: http://www.saradicksonmsc.com/ KENDRA PUTTER SELLERS Mediator Grantsville </s><s> 84029 Phone 1: 435-775-1072 Email 1: kendraputter@gmail.com CAMI NEWEY Mediator Newey Mediation </s><s> UT </s><s> TB 215-D Salt Lake City </s><s> 84123 Phone 1: 435-632-3136 (c) Phone 2: (435) 628-3166 TALATOU ABDOULAYE Mediator Salt Lake City </s><s> 84111 Phone 1: tel:801) 897-1096 Email 1: community.mediationutah.intl@gmail.com Website: maiga-mediation.com/ JUSTIN CHAN Mediator Salt Lake City </s><s> Utah </s><s> PC Salt Lake City </s><s> 84111 Phone 1: (801) 323-5000 Email 1: steve.kelson@chrisjen.com Website: https://www.chrisjen.com/ DARCY GODDARD Mediator Arbitrator DMGoddard Mediation 102 South 200 East </s><s> UT </s><s> UT </s><s> Inc. Cedar City </s><s> 84721 Phone 1: (435) 590-1509 Email 1: professionalizedservices@gmail.com Website: sites.google.com/view/professionalizedservices MICHAEL THORNOCK Master Mediator Mediator Stowell Crayk </s><s> UT </s><s> LLC Salt Lake City </s><s> 84117 Phone 1: (801) 808-0355 Email 1: cj@utahmediate.com Website: http://www.utahmediate.com/ CAROLYN H. HOWARD Mediator Provo </s><s> 84604 Phone 1: (801) 473-7911 Email 1: chofhoward@yahoo.com JAIME TOPHAM Master Mediator Mediator Topham Family Law PLLC Grantsville </s><s> 84029 Phone 1: 435-884-3426 Email 1: office@tophamfamilylaw.com DIANA J. HUNTSMAN Master Mediator Divorce Mediation Institute of Utah Midvale </s><s> 84047 Phone 1: (801) 617-1298 Email 1: diana@huntsmanlofgran.com GRANT M. SUMSION Mediator Sumsion Steele & Crandall Orem </s><s> 84097 Phone 1: 801-426-6888 Email 1: grant@sumsionsteele.com CHERIE C. GLEAVE Mediator Orem </s><s> 84057 Phone 1: 385-201-0060 Email 1: whenthestormmeetsthesunlight@gmail.com TRACY L. OLSON Mediator Smart Schofield Shorter </s><s> UT </s><s> 860 E 4500 S Salt Lake City </s><s> 84419 Email 1: jack@mcintyre-golden.com JENNIFER G FRAHM Mediator Salt Lake City </s><s> 84106 Phone 1: 801-448-7156 Email 1: jennifer@fullcirclemediator.com SAM MEKRUT Master Mediator Mediator Talk Works </s><s> UT </s><s> UT </s><s> UT </s><s> 160 E 300 S </s><s> Utah </s><s> 2601 North Canyon Road Provo </s><s> 84604 Phone 1: (801) 377-4403 Email 1: greg@hadlaw.net SHANNON KING Mediator The Choice of Success </s><s> UT </s><s> LLC </s><s> UT </s><s> UT </s><s> Suite 202 Lehi </s><s> 84043 Phone 1: 801-989-3452 Email 1: assistantmediator@gmail.com REBECCA LONG OKURA Master Mediator Mediator Long Okura </s><s> UT </s><s> UT </s><s> a d.b.a. of The Law Offices of Jason F. Barnes </s><s> UT </s><s> 4412 WSC </s><s> UT </s><s> 50 W. Broadway Suite 300 Salt Lake City </s><s> 84101 Phone 1: 801-535-4375 Email 1: wendy@nesterlewis.com JONATHAN FELT Mediator Felt Family Law and Mediation Ogden & Syracuse </s><s> 84401 Phone 1: 801-690-4904 Email 1: jfelt@feltfamilylaw.com COLLIN R. SIMONSEN </s><s> 50 West Broadway Ste 1200 Salt Lake City </s><s> 84101 Phone 1: 801-328-0263 Email 1: collin@mountainwestlaw.com GRETCHEN C. LEE Mediator Park City </s><s> UT </s><s> Utah </s><s> 84084 Phone 1: 801-638-1955 Email 1: Miesha_Red@yahoo.com CLAY HUNTSMAN Mediator Southern Utah Mediation Services 539 Churchill Drive St. George </s><s> 84790 Phone 1: 435-599-4140 Email 1: clayhuntsman47@gmail.com Email 2: rchuntsman@infowest.com ELENA BENSOR Mediator Luminaria Mediation Murray </s><s> 84107 Phone 1: (801) 502-3114 Email 1: luminariacoach@gmail.com JACKY BELL Mediator Jacky Bell Enterprises 1530 S 1185 E Ogden </s><s> 84404 Phone 1: 801-645-0057 Email 1: jackyabell@gmail.com PAMELA M. PANNIER Master Mediator Salt Lake City </s><s> Ste 206 </s><s> Ste 206 </s><s> UT 84098 </s><s> Ste 200 Salt Lake City </s><s> 84106 Phone 1: 435-640-2158 Phone 2: 435-659-8732 Email 1: anne@aaclawutah.com SUSAN JENSEN Mediator Salt Lake City </s><s> 84106 Phone 1: (801) 441-9698 Email 1: susan@tiltmediation.com RAE BLOCKER Mediator Phone 1: 801-865-6062 Email 1: raelene.blocker@law.utah.edu DANIEL L. DAY Mediator Sandy </s><s> 84070 Phone 1: (801) 676-1506 Email 1: dan@d-daylaw.com ROBERT HENRIKSEN Mediator Henriksen & Henriksen 320 S 500 E Salt Lake City </s><s> 84102 Phone 1: 801-521-4145 Email 1: robert@henriksenlaw.com DEBORAH MCGRAW Mediator Park City </s><s> 84060 Phone 1: (435) 640-4246 Email 1: deborahmcgrawpc@gmail.com MARK R. HALES Mediator Eric Swinyard & Associates Draper </s><s> 84020 Phone 1: 801-515-4133 Email 1: mark@utahdivorce.com NANCY (NAN) LARSON Mediator New Life Legal Services </s><s> Heber City </s><s> UT </s><s> Utah </s><s> UT </s><s> UT </s><s> Utah </s><s> UT </s><s> UT Phone 1: 801-995-3144 Email 1: 314sterling@gmail.com VON J. CHRISTIANSEN Mediator </s><s> PO Box 1090 Beaver </s><s> 84713-1090 Phone 1: (435) 691-3799 Email 1: vonslawoffice@gmail.com JENNIFER NORTHCOTT Mediator Lehi and Salt Lake City </s><s> UT </s><s> PLLC 5812 South 900 East Salt Lake City </s><s> 84121 Phone 1: 801-326-0480 Email 1: shane@marxfamilylaw.com Website: https://www.marxmediation.com/ PAUL HAMMER Mediator Arbitrator Salt Lake City </s><s> 84116 Phone 1: 801-833-2400 Email 1: legalhammer@gmail.com ELIZABETH A. DALTON Master Mediator Affinity Mediation & Coaching </s><s> UT </s><s> UT </s><s> UT </s><s> 84096 Phone 1: (801)550-4660 Email 1: utcmediation@gmail.com JAMES R. HOLBROOK Master Mediator Arbitrator </s><s> University of Utah Salt Lake City </s><s> 84112-0730 Phone 1: (801) 585-9693 Email 1: holbrookj@law.utah.edu RACHEL KEI NAMBA Master Mediator Mediator Done Mediation.com SLC </s><s> 84111 Phone 1: 801-809-7570 Email 1: rachelknamba@gmail.com Website: https://www.donemediation.com/mediation.html ROSI ALFONZO MANGELSON Mediator Mediation/mediacion en Espanol Sandy </s><s> 84070 Phone 1: (801) 891-1580 Email 1: rosi.mediator@gmail.com ROGER CARTER Mediator Public Management Partners 936 E Lost Ridge Drive Washington </s><s> 84780 Phone 1: 435-680-3114 Email 1: roger@publicmgmt.org DAVID A. VAN DYKE Mediator Van Dyke Legal Services </s><s> UT </s><s> 2661 Washington Blvd </s><s> 84401 Phone 1: 801-621-2690 Email 1: rlfroerer@froererandmiles.com GARY J. SCHOLES Master Mediator Scholes Dispute Resolution Services LLC Phone 1: (435) 767-8608 Phone 2: (801) 810-4848 Email 1: gary@helpresolvedisputes.com Website: https://www.helpresolvedisputes.com/ CLARK B. FETZER Mediator Fetzer </s><s> Booth & Jenkins </s><s> UT </s><s> Suite 202 Lehi </s><s> 84043 Phone 1: 801-989-3452 Email 1: assistantmediator@gmail.com SIDNEY D. WINTERS Mediator Millcreek </s><s> 84109 Phone 1: 801-230-0039 Email 1: sidwinters@mac.com RICHARD B. FRANDSEN Mediator Pearson </s><s> PLLC South Jordan </s><s> 84095 Phone 1: (801) 495-4104 Email 1: Rich@pearsonbutler.com ROBIN KIRKHAM Mediator Robin Kirkham Law </s><s> Utah </s><s> P.C. Mediator Ogden </s><s> PLLC Provo </s><s> 84604 Phone 1: (801) 432-0617 Email 1: kelly@peacefuldissolution.com Website: www.peacefuldissolution.com NATHAN D. ALDER Master Mediator Christensen & Jensen </s><s> UT </s><s> 84107 Phone 1: (801) 244-4164 Email 1: corbiecoy@gmail.com SARA PFROMMER Mediator Law Offices of Sara Pfrommer 505 S Main Street Ste 201 Bountiful </s><s> 84010 Phone 1: 435-602-3453 Email 1: spfrommer1@gmail.com KARIN S. HOBBS Master Mediator Salt Lake City </s><s> 84111 Phone 1: (801) 983-1300 Email 1: karin@hobbsmediation.com Website: http://www.hobbsmediation.com/ PAUL H. GOSNELL Mediator Hillyard Anderson & Olsen </s><s> UT </s><s> PLLC Logan </s><s> 7th Floor </s><s> 7th Floor Salt Lake City </s><s> 84101 Phone 1: 435-862-5920 Email 1: andee.devore@gmail.com ERIN BYINGTON Mediator Arbitrator B & G </s><s> UT </s><s> 84070 Phone 1: 801-867-3472 Email 1: gayle@sunrisesolutionsutah.com MICHAEL R. SHAW Mediator Bingham Snow & Caldwell LLP St. George </s><s> 84770 Phone 1: (435)656-1900 Email 1: mshaw@binghamsnow.com ROSHAN RICHARDS Mediator Meridian Mediation </s><s> Utah </s><s> LLC Salt Lake City </s><s> 84047 Phone 1: (801) 273-3902 Email 1: cwclinger@clingerlaw.com MIKOL ROSENBALM Mediator Summit Mediation 75 S 300 W Provo </s><s> 84601 Phone 1: 801-319-1620 Email 1: mikolrosenbalm@gmail.com AMANDA KAY THOMAS Mediator Brigham City </s><s> 84302 Phone 1: (435) 720-1279 Email 1: Atmediations@gmail.com JOHN PAUL KENNEDY Mediator John Kennedy Mediation Salt Lake City </s><s> 84103 Phone 1: (801) 230-1385 Phone 2: (801) 583-2425 Email 1: john@kennedys.org Website: www.johnkennedymediation.com JOE HENDERSON Mediator Joe Henderson & Associates </s><s> UT </s> |
<s> all remaining contested issues are referred to mediation. Parties are required to participate in at least one session of mediation and attempt to resolve the issues in dispute. Parties must participate in mediation before the case can move forward in the court system </s><s> the cost of mediation will be divided equally between the parties. The mediator who provides these services must be qualified on the ADR Court Roster to provide Divorce Mediation in accordance with Section 78B-6-205. A list of mediators in your area is available here or you can request a written copy by calling the Divorce Mediation Help Line at 1-800-620-6318. If the parties are unable to afford a mediator </s><s> the Divorce Mediation Help Line at 1-800-620-6318 or the form is available on our Divorce Mediation Program page. Parties who do not feel their case is appropriate for mediation may be excused for good cause by the Court </s><s> or a Court Qualified Mediator. If excused by the ADR Office or a Court Qualified Mediator </s><s> the ADR Office </s><s> the implementation of parenting agreements. Mediation offers an environment well-suited to identifying and addressing the strong emotional issues associated with divorce and parenting conflicts. Mediation is structured to focus parties on a common interest: the resolution of the disputed issues and when children are involved </s> |
<s> the court will mark the case as private. This means that paperwork filed in the case cannot be seen by the public. Only the case history </s><s> and records of public hearings will be publicly available. For more information </s><s> fines </s><s> unduly lengthy </s><s> or offensive to common decency You must also have lived in the county where you will file your paperwork for at least one year . Is this the right process for you? If you are changing your name as part of a marriage When you marry </s><s> skip down to Step 5 below. If you are changing your name as part of a divorce Are you currently married but planning to get divorced? If yes </s><s> but you are already divorced </s><s> and your divorce decree lists both your married name </s><s> then you don't need to ask the court for a name change in a separate case. If no </s><s> skip down to Step 5 below. Step 1 for Name Change only Get a certification from the Department of Corrections. Fill out page 1 of this form (leave page 2 blank): 1705FA Send the form to the Offender Registration Program: Scan a PDF of the form and email it to: registry@utah.gov Wait. It could take some time for the Offender Registration Program to complete the form and return it to you. Once you receive the completed form </s><s> send a paper copy to the Offender Registry Program via US mail. Read page 3 of the form for instructions. Sex Change - Step 1 Can you ask for a Sex Change? You can't ask to change your sex... while you're involved in any kind of lawsuit or while you are on probation or parole to avoid creditors to interfere with the rights of others or to influence fines </s><s> or sentences in criminal actions to commit fraud Can you prove that you qualify? To get a legal sex change you will need to prove that: you transitioned to the sex sought in the petition you outwardly expressed as the sex sought in your paperwork consistently for at least the last 6 months you experience clinically significant distress because of the current sex on your birth certificate the change that you are asking for is a true and important part of your identity. Step 1 for Sex Change only Get your proof ready. You will need to fill out and file court forms in Step 2. Before that </s><s> care or treatment related to your transition (like a letter signed by a licensed medical provider that says you experience clinically significant distress because of the current sex on your birth certificate) proof that you have outwardly expressed as the sex sought in your paperwork for the past 6 months </s><s> go to Step 2 below. If you don't want to send the form via email </s><s> get the following ready: evidence of your medical history </s><s> and proof that the change you are asking for is a true and an important part of your identity. Get a certification from the Department of Corrections. Fill out page 1 of this form (leave page 2 blank): 1705FA Send the form to the Offender Registration Program: Scan a PDF of the form and email it to: registry@utah.gov Wait. It could take some time for the Offender Registration Program to complete the form and return it to you. Once you receive the completed form and have all of your evidence ready </s><s> send a paper copy to the Offender Registry Program via US mail. Read page 3 of the form for instructions. Any change - Step 2 - File your papers with the court File the following with the district court in the county where you live: 1158XX 1730FA 1731FA Be sure to also file your completed Department of Corrections Certification 1705FA Are you filing in Utah County? If yes </s><s> also file: Evidence of your medical history </s><s> and Proof that the change you are asking for is a true and an important part of your identity. If you need help </s><s> you will be charged a filing fee . If you can't afford it ask for a fee waiver . If you aren't sure where to file </s><s> the court will schedule a hearing. Make sure to attend the hearing. At the hearing </s><s> ask about getting a certified copy of the order for Step 4. Are you asking for a name change and on the Sex and Kidnap Offender Registry? If yes </s><s> UT 84020 registry@utah.gov If the court denies your petition </s><s> file the following with Utah Vital Records and Statistics : Order on Petition for Name or Sex Change signed by the court - you will need a certified copy of the order. There is a fee for this. Contact your court to get a certified copy. Amendment of a Record by Court Order Vital Records will charge a fee for the amendment. If you asked for the record in your case to be sealed </s><s> UT 84114-1012 It could take several weeks for them to process your papers. If you have questions contact Vital Records . For birth certificates issued in states other than Utah </s><s> tell others about your new identity. Here is a list of people and institutions you might want to tell: Department of Public Safety to get a new driver license or state ID - visit the Driver License Division website Social Security Administration - you must do this if you changed your name - visit the Social Security Administration's website Department of State to change your passport - visit the Department of State's website Banks </s><s> and insurance companies DMV to change vehicle registration Employers and school Family and friends Health care providers Landlord or tenants Library Mortgage companies Post Office Public benefits agencies Registrar of voters State and local taxing authorities Telephone and other utility companies Veterans Administration Any other institution you have regular contact with Ask the people and the institutions you deal with what they need to make your legal name or sex change official in their records. Update Legal Documents Update other legal documents like your will </s> |
<s> legal sex (sometimes called a gender marker) </s><s> fines </s><s> or to commit fraud. The court will not change a name to one that is bizarre </s><s> ridiculous </s><s> including hearings Cases involving changing a minor's legal sex (including requests to change both their name and legal sex) </s><s> are private. This means that paperwork filed in the case and hearings in the case are closed to the public. Only the case history will be publicly available. For more information </s><s> or on probation or parole? Yes - you must wait until the minor's lawsuits are all fully resolved and they are no longer on probation or parole No - answer the next question Has the minor lived in the same county for at least one year? Yes - answer the next question. No - you must wait until the minor has lived in the same county for at least one year. Then you must file in that county. (Legal Sex Change Only) Do you meet the other requirements? For a legal sex change </s><s> the minor must have outwardly expressed as the legal sex sought in the petition for at least 6 months </s><s> go to Step 1 Steps to ask for a name or legal sex change for a minor There are 5 steps to changing a minor's name or legal sex. Sometimes you can skip the first step </s><s> get your evidence ready If you are not asking for a legal sex change </s><s> gather the following: evidence of the minor's medical history </s><s> and proof that the minor's desire for a sex change is true and an important part of their identity. You will need to file this evidence when you file your court papers. Once you have your evidence </s><s> Millard </s><s> or Wasatch county? If yes </s><s> you do NOT need to have your signature notarized. Are you filing in Utah County? If yes </s><s> proof the minor has outwardly expressed as the sex sought in the paperwork </s><s> you can ask for a fee waiver . The court will schedule a hearing. If the minor is on the Sex and Kidnap Offender registry </s><s> UT 84020 registry@utah.gov Some courts require you to take a Special Step. This could be required if the minor is 10 years old or older. If you are required to do this </s><s> go to Step 3. Once you have filed your papers </s><s> fill out the Dept. of Corrections Certification Some courts require an extra step. If the minor is 10 or older (if the minor is under 10 </s><s> start with this form: 1705FA If the minor is on: the Child Abuse Offender Registry </s><s> you can change the minor's name or legal sex </s><s> the Offender Registration Program will not return the form to you. It may take some time for the Offender Registration Program to complete the form and return it to you. Once you receive the completed form </s><s> have them fill out this form: Consent to Minor's Name or Sex Change - PDF | Word Are you filing in Juab </s><s> Utah </s><s> the other parent will need to have their signature notarized. They can go into the courthouse and show ID to get help with this. If you are filing somewhere else </s><s> you will need to have them served with these documents according to Utah Rule of Civil Procedure 4 : Summons (choose the right one depending on whether they live in Utah or not) Summons (In State) - PDF | Word Summons (Out of State) - PDF | Word Petition for Minor's Name or Sex Change Notice of Hearing on Petition for Minor's Name or Sex Change Your evidence Once you have served the other parent </s><s> see our Alternative Service page . Once you have either gotten consent or had the other parent served and you have filed proof of service with the court </s><s> the judge may ask you questions about your petition. The judge will review the petition. If everything is in order </s><s> the order will be effective on the minor's 16th birthday or immediately if the child is at least 16 years old. Once you have the order from the court </s><s> go to the Utah Office of Vital Records </s><s> and present a certified copy of the court's name or sex change order </s><s> UT 84114 801-538-6105 You can also ask for an amended birth certificate by mail. You can write to: Utah Office of Vital Records and Statistics P.O. Box 141012 Salt Lake City </s><s> including schools and other entities who need to know about the amendment. Forms Required Forms 1158XX 1720FA Notice of Hearing on Petition for Minor's Name or Sex Change - PDF | Word 1723FA Required for sex change only 9000XX Some courts require this if the minor is 10 years old or older 1705FA Required Forms for the Other Parent's Consent </s> |
<s> it will enter a judgment. The judgment will say who owes the money </s><s> and forms. If you owe someone money under a judgment you are a debtor or judgment debtor . See the Garnishment and Debtor's Rights web page for information about your rights if your property is being garnished. If you are the third party who has the debtor's property </s><s> you have several ways to collect your money. One option is garnishment. There are two kinds of writs of garnishment: Writs of Continuing Garnishment - used to garnish earnings (wages) Writs of Garnishment - used to garnish other property </s><s> you must make sure the property to be garnished actually belongs to the debtor. If you do not </s><s> you can be liable to the actual owner for up to $1000. Utah Code Section 78A-2-216 . If you are trying to garnish the debtor's wages </s><s> if they have one): Request for Verification of Employment form Response to Request for Verification of Employment form </s><s> these forms can be found in the Forms section . Contact the court to get a copy of the judgment. The employer must mail or hand deliver their completed Response to Request for Verification of Employment to you and the debtor within 10 days of receiving the request. If you are trying to garnish the debtor's other property (like a bank account) and you need to confirm their ownership </s><s> you can ask the court for a Writ of Garnishment. Pay the filing fee and file these documents with the court: Application for Writ of Garnishment Choose Writ of Continuing Garnishment to garnish wages Choose Writ of Garnishment to garnish other property Writ of Garnishment Choose Writ of Continuing Garnishment and Instructions form to garnish wages. Fill out the top part </s><s> including the garnishee's name and address and the case information - 2 copies. Garnishee's Answers Choose Garnishees Answers to Interrogatories for Earnings form to garnish wages Choose Garnishee's Answers to Interrogatories for Property to garnish other property Notice of Garnishment and Exemptions form. Reply and Request for Hearing form - 2 copies. A check payable to the garnishee for their fee. See Utah Code section 78A-2-216 for the fee amount. A check payable to the sheriff or constable for the service fee </s><s> constable </s><s> constable </s><s> if they have one): Application for Writ of Garnishment Writ of Continuing Garnishment and Instructions or Writ of Garnishment and Instructions Garnishee's Answers to Interrogatories Notice of Garnishment and Exemptions Reply and Request for Hearing If there is more than one garnishee </s><s> the creditor must complete a separate set of forms </s><s> for each. What happens next Once the garnishee receives the property they are required to withhold the property from the debtor and wait 21 days. The debtor can then: File a Reply and Request for Hearing </s><s> or for 120 calendar days if another writ of continuing garnishment is served. Within 7 business days after the close of each pay period occurring within the term of continuing garnishment </s><s> and serve a copy of the Garnishee's Answers to Interrogatories on you or your attorney (if you have one) </s><s> and on any other person who has an interest in the property. Multiple Writs Multiple writs of garnishment for the same debtor may be served on the garnishee </s><s> the garnishee must then satisfy the next writ. However </s><s> placing earlier writs on hold. These instructions do not apply to writs or orders entered by other courts or governmental agencies. Motion to enforce writ of garnishment If you have served the Writ of Garnishment on the garnishee and the time has passed for the garnishee to comply with the writ and they have not done so </s><s> you can ask the court to order the garnishee to come to a hearing to explain why they should not be held in contempt of court. If the court finds the garnishee in contempt of court </s><s> court costs </s><s> you must have the other party (or parties) served with all of the papers you filed with the court. The papers must be served at least 28 days before the hearing. How you must have them served depends on whether or not they have a lawyer. If the other party is representing themself you must have them served under Utah Rule of Civil Procedure 4 . This is how a complaint or petition is served when a new case is started. See our page on Serving Papers for more information. If the other party is represented by a lawyer you can serve the documents through their lawyer under Utah Rule of Civil Procedure 5 . See our page on Serving Papers for more information. The other party is represented by a lawyer if the lawyer filed or served documents in the case in the last 120 days and has not filed a notice of withdrawal. Utah Rule of Civil Procedure 7A(d) and 7B(d). If ORS or a Guardian ad Litem is involved in the case you must serve them under Utah Rule of Civil Procedure 5 . It is possible that the other party will file a Memorandum Opposing the Motion. If it raises new issues that you did not address in your Motion </s><s> you can file a Reply Memorandum Supporting the Motion. This must be served at least 3 days before the hearing for domestic relations cases or </s><s> within 7 days of the other party’s filing the Memorandum Opposing the Motion. Forms The forms you need depend on your case. What is your case about? Divorce </s><s> Paternity </s><s> Temporary Separation </s><s> 2 </s><s> 6 </s><s> 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 </s> |
<s> but if the judgment debtor does not voluntarily pay the judgment </s><s> records proving who has paid for what and how much will be very important. The history of a judgment is impossible to recreate from memory. That's why it is important to keep contemporaneous records of transactions. The court will have a copy of the judgment </s><s> if authorized </s><s> or the fee to serve the writ </s><s> the parties should keep the receipt and/or a copy of the check when a garnishee withholds wages or other money from the debtor </s><s> or when the debtor forfeits bail to the creditor. When moving to renew a judgment </s><s> including the amount of the judgment </s><s> the collection costs </s><s> if they are authorized </s><s> the debtor will have to prove these things. And each party will have a chance to dispute the other party's accounting. Testimony or an affidavit from the creditor or debtor is evidence of the amount due </s><s> that rate will be applied to the original judgment and any renewal of it. Under Utah Code Section 15-1-4 </s><s> and they keep that rate for the life of the judgment </s><s> unless there is a contract establishing a different amount. For more information on the post-judgment interest rate for a year since 1993 </s><s> the lien prevents the debtor from selling or mortgaging real property until the judgment is paid or expires. Obtain an Abstract of Judgment or a certified copy of the judgment itself from the clerk of the court that entered the judgment. File the judgment or Abstract of Judgment in the office of the County Recorder in the county in which the debtor's real property is located. If the debtor has real property in more than one county </s><s> Procedures in aid of writs permits the creditor </s><s> to use discovery methods to identify the debtor's property </s><s> either orally or in writing </s><s> see our webpage on Identifying the Judgment Debtor's Property . Writ of Garnishment Writs of Garnishment are governed by Rule of Civil Procedure 64D . Use a Writ of Garnishment to seize non-exempt personal property or money owed to the judgment debtor by a third party </s><s> see our webpage on Writs of Garnishment . Writ of Execution Writs of Execution are governed by Rule of Civil Procedure 64E . Use a Writ of Execution to seize the judgment debtor's non-exempt real property or personal property in the debtor's possession. For more information </s><s> they can be sold to satisfy the judgment. The sale is governed by Rules of Civil Procedure 69A </s><s> and 69C . Consequences of a Debtor's Bankruptcy What happens if the person who owes you money files for bankruptcy? Many debts can be discharged - or wiped away - in a bankruptcy proceeding. The debtor is no longer legally obligated to repay any debt that has been discharged. A debtor can voluntarily pay a debt even if it was discharged in bankruptcy </s><s> you can be held in contempt of court if you try to do so. The bankruptcy court should notify you if your debtor files for bankruptcy. This notice will include information about the deadline for objecting to a discharge of your debt. Some types of debts that cannot be discharged: some tax claims </s><s> spousal or child support or alimony </s><s> governmental fines and penalties </s><s> personal injury caused by the debtor's operation of a motor vehicle while intoxicated </s><s> and certain condominium or cooperative housing fees. More information is available on the U.S. Courts' Discharge in Bankruptcy page . Debtor's last known employer If ordered to do so by a court </s><s> the attorney general may file an action in district court to enforce a civil penalty of up to $10 </s><s> the attorney general is also entitled to an award for reasonable attorney fees </s><s> the judgment creditor must file a motion under URCP 7 . In addition to serving the motion on the debtor </s><s> but for information and general motion forms </s><s> the creditor may not disclose the name and address of the judgment debtor's last known employer to any other person </s><s> Chapter 5 </s><s> Utah Exemptions Act. See Utah Legal Services' Exempt Property web page for more information about what property cannot be seized. Satisfaction of Judgment When the judgment is paid in full </s><s> the judgment debtor may file a Motion for Satisfaction of Judgment. Satisfaction of judgment is governed by Rule of Civil Procedure 58B . For more information </s><s> but must do so before the statute of limitations expires. If the statute of limitations expires after the Motion to Renew Judgment is filed but before the motion is ruled on </s> |
<s> a "debt collector" is someone who regularly collects debts owed to others. This includes collection agencies </s><s> and companies that buy delinquent debts and then try to collect them. Credit card or mortgage companies are not considered "debt collectors" as defined in the FDCPA. The person who is collecting the debt is called the creditor. The person the collection is against is called the debtor. Notifying the Debtor Before a debt collector can file a court case </s><s> the name of the creditor </s><s> including the name of the original creditor. The debtor may want to dispute the debt because they don't believe the debt is theirs </s><s> it could give the debtor an opportunity to sue the debt collector for violating the Fair Debt Colleciton Practices Act. Illegal Debt Collection Practices The Consumer Financial Protection Bureau has several web pages that explain what debt collectors can and cannot do: Are there laws that limit what debt collectors can say or do? Can a debt collector try to deceive me to collect on a debt? Can debt collectors call me anytime they want </s><s> about my debt? Can debt collectors call my employer and tell them they are calling about my debts? What is harassment by a debt collector? The Federal Trade Commission's Debt Collection page also provides information about the laws that govern debt collection practices. Resolving the Case Outside of Court Resolving a case outside of court can save time and money. Settlement The parties can settle the case at any time in the process. The debtor can contact the creditor's attorney to see if they are willing to negotiate. One example of a settlement is a payment plan </s><s> or it could be for something less than the full amount. The written agreement between the parties becomes an enforceable contract. If the debtor does not follow the contract </s><s> in situations concerning a medical debt) </s><s> the creditor must explain what they are asking for in the lawsuit. It should include the amount owed and if applicable </s><s> the summons tells the defendant they have 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to or "answer" the complaint. The answer is the defendant's chance to agree or disagree with each of the plaintiff's statements in the complaint </s><s> or to file a counterclaim. If the defendant believes that the plaintiff has violated the FDCPA </s><s> but the court cannot find any case filed in its system. Utah Rule of Civil Procedure 3 says the plaintiff must file with the court the complaint </s><s> see the court's Answering a Complaint or Petition web page. A defendant who has questions about whether to respond to a complaint should get legal advice. See our web page on Finding Legal Help . Common Defenses in a Debt Collection Case If the defendant believes they have a legal defense to the debt collection case </s><s> or the creditor cancelled the contract and so is not entitled to payment. The claims are barred because they were brought after the six-year statute of limitations period for actions based on a contract passed </s><s> discharge </s><s> or release. The defendant is entitled to an offset for amounts that they have paid or that should otherwise be credited to the defendant. The defendant was a co-signer but was not informed of their rights as a co-signer. The inability to pay a debt is not a legal defense to the debt. For a more comprehensive listing of legal defenses </s><s> the plaintiff may ask for a default judgment. This means the plaintiff gets what they have asked for </s><s> see our page on Default Judgments . Disclosure and Discovery If the parties want the court to settle the dispute </s><s> each party has the opportunity to find out about the strengths and weaknesses of the other parties' case. Some of the information must be disclosed to the other parties </s><s> which means the party with the information must provide it </s><s> " or summary of where the debt stopped being paid off Payment history Balance statement Bill of Sale - if the collection involves a debt buyer/assignee. Examples of discovery include: Depositions - sworn testimony Interrogatories - written answers to questions Request for production of documents See the court's Disclosure and Discovery page for more information about the rules governing these procedures. Judgment If the plaintiff wins the case </s><s> they can start the process collect the money owed. The How to Collect a Judgment web page describes the processes a creditor can use </s><s> and to allow the case to move ahead as if the judgment had not been made. The Motion to Set Aside Judgment web page explains the process and provides forms. Satisfaction of Judgment Either party can file papers with the court to ask that the judgment be declared satisfied. The Satisfaction of Judgment web page explains the process and provides forms. Motion to Renew Judgment If the creditor has been unable to satisfy the judgment within the time allowed by law </s> |
<s> it will enter a judgment. The judgment will say who owes the money </s><s> and forms. If you owe someone money under a judgment you are a debtor or judgment debtor . This web page has information about your rights if your property is being garnished. If you are the third party who has the debtor's property </s><s> the creditor has several ways to collect the judgment. One option is garnishment. There are two kinds of writs of garnishment: Writs of Continuing Garnishment - used to garnish earnings (wages) Writs of Garnishment - used to garnish other property </s><s> such as administrative garnishment for a student loan or taxes </s><s> you can find one in the Forms section below. Read the notice carefully. It explains that a judgment for money has been entered against you and the creditor has taken steps to garnish your money or property to pay the judgment. You should have also received a Reply and Request for Hearing form. This is also available the Forms section below. You can file a Reply and Request for Hearing if you think: the Writ of Garnishment was not issued correctly </s><s> the creditor owes you money </s><s> such as wages or a salary </s><s> it could still be taken unless you protect your rights. You can protect your rights by filing a Reply and Request for Hearing with the court. You must file the Reply and Request for Hearing within 14 days from the date the garnishee mailed or delivered the notice to you. You must also mail or hand deliver a copy of the Reply and Request for Hearing to the creditor and the garnishee. If you do not file a Reply and Request for Hearing </s><s> you can file a Motion to Set Aside Judgment . Filing a Motion to Set Aside takes time to be processed by the court. If you want to ask the court to stop the garnishment right away you can also file a Motion to Delay Enforcement . How much can they garnish? A Writ of Continuing Garnishment lets a creditor take 25% of your disposable earnings. You can read the Garnishee's Answers to Interrogatories for Earnings form to see how disposable earnings are calculated. A sample is in the Forms section below. The maximum goes up to 50% if the writ is in favor of the Office of Recovery Services to pay for child support. A Writ of Garnishment lets a creditor garnish all the money in a bank account that is available to pay the judgment. If there is money in the account that is exempt </s><s> or for 120 calendar days if another writ of continuing garnishment is served. If the writ expires </s><s> but it can be renewed . Multiple Writs Multiple writs of garnishment against you may be served on the garnishee </s><s> the garnishee must then satisfy the next writ. However </s><s> placing earlier writs on hold. These instructions do not apply to writs or orders entered by other courts or governmental agencies. Financial Counseling If you are having trouble paying your bills you might want to consider financial counseling. The U.S. Department of Housing and Urban Development maintains a list of approved housing counseling agencies in Utah. Some of these agencies provide financial management and budget counseling. Review the list and look at the Counseling Services column to find an agency that can help. Bankruptcy Bankruptcy is a legal process filed in federal court that can allow a debtor to eliminate or restructure their debt. The decision of whether to file for bankruptcy can be complicated and not all debts can be discharged. Utah Legal Services has more information on bankruptcy . Person other than the debtor who has an interest in the property If a person with an interest in the property being garnished </s><s> is not the debtor </s><s> Custody </s><s> Annulment </s> |
<s> or make satisfactory arrangements for payments over time </s><s> such as the debtor's bank (bank account) or the debtor's employer (wages). There is a filing fee for a Writ of Garnishment or a Writ of Execution. For more information </s><s> the creditor must identify the property to be seized and its location. The creditor can ask the court to order the debtor to attend a hearing and answer questions about his or her property. This hearing is often called a "supplemental proceeding" and the order scheduling the hearing is often called a "supp order." The creditor can also send written questions to the debtor. If the debtor serves the answers on the creditor at least 3 days before the hearing and answers the questions to the creditor's satisfaction </s><s> the creditor can file a Motion to Enforce Order and Request for either a finding of contempt </s><s> or both. The Motion must be filed with an Order to Appear. The court will schedule another hearing. The Motion and the Order to Appear must both be served under Utah Rule of Civil Procedure 4 . See our page on Service for more information. If the Motion and Order to Appear are served personally </s><s> the creditor can ask the court to issue a bench warrant. When the court issues a bench warrant </s><s> and you are representing yourself </s> |
<s> Renewal of judgment act Utah Rule of Civil Procedure 58C </s><s> records proving who has paid for what and how much will be very important. The history of a judgment is impossible to recreate from memory. That's why it is important to keep contemporaneous records of transactions. The court will have a copy of the judgment </s><s> if authorized </s><s> or the fee to serve the writ </s><s> the parties should keep the receipt and/or a copy of the check when a garnishee withholds wages or other money from the debtor </s><s> or when the debtor forfeits bail to the creditor. When moving to renew a judgment </s><s> including the amount of the judgment </s><s> the collection costs </s><s> if they are authorized </s><s> the debtor will have to prove these things. And each party will have a chance to dispute the other party's accounting. Testimony or an affidavit from the creditor or debtor is evidence of the amount due </s><s> that rate will be applied to the original judgment and any renewal of it. Under Utah Code Section 15-1-4 </s><s> and they keep that rate for the life of the judgment </s><s> unless there is a contract establishing a different amount. For more information on the post-judgment interest rate for a year since 1993 </s><s> but must do so before the statute of limitations expires. If the statute of limitations expires after the Motion to Renew Judgment is filed but before the motion is ruled on </s><s> including the costs </s><s> and attorney fees added to the judgment </s><s> allowing the judgment debtor the opportunity to dispute the accounting. For more information about motion practice </s><s> but use the forms in the Forms section </s><s> whichever is earlier. Utah Code Section 78B-6-1804 . Renewing a Small Claims Judgment from Justice Court Renewing a judgment by motion in the justice court is not permitted. Utah Code Section 78B-6-1802 . Small claims judgments from the justice courts can be renewed by filing a small claims case in justice court or by filing a regular civil case in district court. In either event </s><s> not on the facts that gave rise to the judgment. To renew a small claims judgment in justice court the creditor files another small claims case. For more information and forms </s><s> any future renewals can be done by motion </s><s> and the facts will be determined by the judge. However </s><s> the debtor can stipulate that the judgment be renewed without further proceedings. Will the motion be decided by a judge or commissioner? Judges may rule on all motions in all types of cases. However </s><s> 2 </s><s> 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 </s><s> or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption </s><s> scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure </s><s> custody </s><s> temporary separation </s><s> or a case about modifying an order in one of these cases </s><s> 2nd </s><s> or 4th district? Yes If your family law case (divorce </s><s> paternity </s><s> or a protective order) was filed in Judicial Districts 1 </s><s> 3 </s><s> then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner. No If your case was filed in another judicial district </s><s> find out by contacting your court . Filing your motion How to File a Motion Decided by a Commissioner Step 1: Fill out your paperwork and file Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion: Type or clearly print the motion. Use short sentences. Make your motion easy to read to help the judge understand it. Title the motion to say what you want the court to order. For example </s><s> you can call your motion "Motion to Change Discovery Deadlines." Say what you want and why you want it. Include relevant details that support what you are asking for. Be clear about what you want the judge to order. Cite any statutes </s><s> rules </s><s> read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion </s><s> be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing. File both the motion and the Notice of Hearing with the court . If you do not file a Notice of Hearing </s><s> the commissioner will never read your motion. Are you filing exhibits with your motion? If yes </s><s> ask them to sign your motion and write down that they agree with what you are asking for in your motion. If the other parties do not agree </s><s> respond to any other paperwork </s><s> you may file a Reply Memorandum Supporting the Motion </s><s> read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion </s><s> if you need to ask the court to change discovery deadlines in your case </s><s> ordinances </s><s> 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. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits </s><s> you are the "moving party." The other party is sometimes called the "opposing party." File your motion with the court . Are you filing exhibits with your motion? If yes </s><s> ask them to sign your motion and write down that they agree with what you are asking for in your motion. If the other parties do not agree </s><s> respond to any other paperwork </s><s> you may file a Reply Memorandum Supporting the Motion </s><s> make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below. The court might schedule a hearing. If they do </s><s> or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion Forms Information about filing documents in existing cases by email Some forms may not apply in all cases. The forms you need depend on your case. What is your case about? Divorce </s><s> Paternity </s><s> Temporary Separation </s><s> 2 </s><s> and the moving party wishes to respond) Forms for the Judgment Debtor Required forms for the judgment debtor 1091FA Optional forms for the judgment debtor 1105FA (if the parties agree to the motion) 1111FA (if a hearing is requested) 1092FA My case is in Judicial District 5 </s><s> 7 or 8 and will be heard by a judge Forms for the Judgment Creditor Required forms for the judgment creditor 1044XX 1090FA 1110FA 1092FA Optional forms for the judgment creditor 1105FA (if the other party agrees to the motion) 1106FA (if the other party has disagreed with the motion and presented a new matter in their response </s><s> 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 </s><s> Conclusions of Law and Order - PDF | Word Optional forms for the judgment creditor 1105GE (if the other party agrees to the motion) 1106GE (if the other party has disagreed with the motion and presented a new matter in their response </s> |
<s> and to allow the case to move ahead as if the default or judgment had not been made. Reasons to set aside the default judgment Utah Rule of Civil Procedure 55(b) and Utah Rule of Civil Procedure 60(b) specify the reasons a default or judgment may be set aside: mistake </s><s> surprise </s><s> misrepresentation or other misconduct of the other party; the judgment is void; the judgment has been satisfied </s><s> or discharged </s><s> or it is no longer equitable that the judgment should have prospective application; or any other reason justifying relief from the operation of the judgment. Examples of common reasons include: Paperwork filed contained mistakes or was filed incorrectly The court did not have jurisdiction over the matter The judgment has already been paid The party is a victim of identity theft The party was not served properly The statute of limitations for the action has passed Deadlines A party must make the motion within a "reasonable time" after the default or judgment. The judge decides what a reasonable time is </s><s> a party asking to set aside the default or judgment for one of the reasons listed below must do so within three months of the default or judgment: mistake </s><s> surprise </s><s> misrepresentation or other misconduct of the other party It is important to act promptly. If the judge finds that the motion was not made within a reasonable time </s><s> even if the reason for the request is a valid one. Meritorious defense Even when a party has a valid reason to ask to set aside the default or judgment under the court rule </s><s> in many cases the party must also show that they have a "meritorious" or good defense in the case. The party must tell the court what things they disagree with in the complaint or petition. If </s><s> a default judgment is set aside </s><s> Inc. </s><s> scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure </s><s> custody </s><s> temporary separation </s><s> or a case about modifying an order in one of these cases </s><s> 2nd </s><s> or 4th district? Yes If your family law case (divorce </s><s> paternity </s><s> or a protective order) was filed in Judicial Districts 1 </s><s> 3 </s><s> then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner. No If your case was filed in another judicial district </s><s> find out by contacting your court . Filing your motion How to File a Motion Decided by a Commissioner Step 1: Fill out your paperwork and file Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion: Type or clearly print the motion. Use short sentences. Make your motion easy to read to help the judge understand it. Title the motion to say what you want the court to order. For example </s><s> you can call your motion "Motion to Change Discovery Deadlines." Say what you want and why you want it. Include relevant details that support what you are asking for. Be clear about what you want the judge to order. Cite any statutes </s><s> rules </s><s> read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion </s><s> be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing. File both the motion and the Notice of Hearing with the court . If you do not file a Notice of Hearing </s><s> the commissioner will never read your motion. Are you filing exhibits with your motion? If yes </s><s> ask them to sign your motion and write down that they agree with what you are asking for in your motion. If the other parties do not agree </s><s> respond to any other paperwork </s><s> you may file a Reply Memorandum Supporting the Motion </s><s> read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion </s><s> if you need to ask the court to change discovery deadlines in your case </s><s> ordinances </s><s> 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. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits </s><s> you are the "moving party." The other party is sometimes called the "opposing party." File your motion with the court . Are you filing exhibits with your motion? If yes </s><s> ask them to sign your motion and write down that they agree with what you are asking for in your motion. If the other parties do not agree </s><s> respond to any other paperwork </s><s> you may file a Reply Memorandum Supporting the Motion </s><s> make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below. The court might schedule a hearing. If they do </s><s> or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion Military service members If the case involves someone on active military duty </s><s> the stay remains in effect until the judge makes a decision on the Motion to Set Aside Judgment. During that time </s><s> the parties then proceed through the steps in the case as if the default or judgment had not been granted. For example: If the judgment was a default </s><s> the case may be dismissed because it has already been completed. If the court finds service was improper </s><s> the party who won the original judgment can now enforce the judgment. If the motion to set aside default or judgment is not granted </s><s> Custody </s><s> Annulment </s><s> or Separate Maintenance What forms you need depend on whether your case is before a commissioner or a judge. My case is in Judicial District 1 </s><s> 3 or 4 and will be heard by a commissioner Motion Decided by a Commissioner Moving Party Required forms for the moving party Motion to Set Aside Default or Judgment - Commissioner - PDF | Word 1111FA 1071FA Optional forms for the moving party 1108FA 1109FA 1105FA 1107FA 1106FA Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA Counter Motion - PDF | Word (if the opposing party has new arguments to make not presented in the moving party's motion) 1111FA 1071FA My case is in Judicial District 5 </s><s> 7 or 8 and will be heard by a judge Moving Party Required forms for the moving party 1070FA 1110FA 1071FA Optional forms for the moving party 1105FA 1107FA 1106FA 1111FA Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA 1003FA 1111FA 1110FA 1071FA 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 </s><s> the motion likely will be decided by a commissioner. Something else Moving Party Required forms for the moving party 1070GE 1110GE (filed after all documents have been filed </s> |
<s> it will enter a judgment. The judgment will say who owes the money </s><s> and forms. If you owe someone money under a judgment you are a debtor or judgment debtor . See the Garnishment and Debtor's Rights web page for information about your rights if your property is being garnished. If you are the third party who is holding the debtor's property </s><s> carefully read the writ and its instructions. There are two kinds of writs of garnishment: Writs of Continuing Garnishment - used to garnish earnings (wages) Writs of Garnishment - used to garnish property such as a bank account You should have received a payment for the garnishee fee. See Utah Code section 78A-2-216 for the fee amount. If you did not receive the fee </s><s> complete the Garnishee's Answers to Interrogatories. These are written questions that identify the property and the value of the property that might be used to pay the debt. If you are an employer of the debtor </s><s> or if you do not want to use OCAP </s><s> hold the property until you receive further orders from the court directing you how to proceed. If you do not receive a Reply and Request for Hearing within 21 days </s><s> send the property to the creditor or their attorney. If you received a Writ of Continuing Garnishment you must complete the Garnishee's Answers to Interrogatories within 7 business days after the close of each pay period. Do not wait 21 days more than once - send the property to the judgment creditor. Duration of Writ A writ of continuing garnishment is effective for one year after the date it was served </s><s> but only one writ of garnishment may be in effect at one time. You must comply with the writs in the order in which you receive them. Once an earlier Writ of Garnishment expires or is paid off </s><s> you must prioritize a Writ of Continuing Garnishment in favor of the Office of Recovery Services or the Department of Workforce Services over other writs. A Writ of Continuing Garnishment in favor of the Office of Recovery Services or the Department of Workforce Services continues until fully paid </s><s> the creditor may file a motion with the court asking to enforce the writ. This might be called a motion for order to show cause. The creditor must first try to settle the issue with you in good faith. If they cannot settle with you </s><s> the court can punish you by ordering you to pay: up to $1000 in fines and serve up to 30 days in jail (district court); up to $500 in fines and serve up to 5 days in jail (justice court); the full amount of the judgment </s><s> and attorney's fees. The Motion to Enforce Writ of Garnishment must be served on you by a sheriff </s><s> Custody </s><s> Annulment </s><s> or Separate Maintenance To answer a Request for Verification of Employment 1502FA To answer a Writ of Continuing Garnishment Use OCAP </s><s> the Online Court Assistance Program or 1506FA Something else To answer a Request for Verification of Employment 1502DC To answer a Writ of Continuing Garnishment Use OCAP </s> |
<s> records proving who has paid for what and how much will be very important. The history of a judgment is impossible to recreate from memory. That's why it is important to keep contemporaneous records of transactions. The court will have a copy of the judgment </s><s> if authorized </s><s> or the fee to serve the writ </s><s> the parties should keep the receipt and/or a copy of the check when a garnishee withholds wages or other money from the debtor </s><s> or when the debtor forfeits bail to the creditor. When moving to renew a judgment </s><s> including the amount of the judgment </s><s> the collection costs </s><s> if they are authorized </s><s> the debtor will have to prove these things. And each party with have a chance to dispute the other party's accounting. Testimony or an affidavit from the creditor or debtor is evidence of the amount due </s><s> that rate will be applied to the original judgment and any renewal of it. Under Utah Code Section 15-1-4 </s><s> and they keep that rate for the life of the judgment </s><s> and the post-judgment interest on the new judgment will be determined by the year in which the new judgment is effective </s><s> see our webpage on Post Judgment Interest Rates . Effect of satisfaction "Satisfaction of a judgment </s><s> means that the debtor has paid the entire amount of the judgment and all accumulated fees </s><s> or that the creditor has decided not to pursue further collection efforts. Filing a partial satisfaction with the court is permitted </s><s> but not all </s><s> but usually </s><s> costs and interest </s><s> the court will record it without further proceedings. If the original judgment creditor has sold or assigned the judgment to a third party </s><s> the debtor can file a motion for an order declaring that the judgment is satisfied. The debtor must file the motion in the court that entered the original judgment and serve a copy on the creditor. As part of the motion </s><s> such as receipts </s><s> that the judgment has been paid. Because the motion is filed by the debtor </s><s> the court will record the satisfaction. The procedures for motions are governed by URCP 7 . The forms for filing a motion are in the Forms section below </s><s> see our webpage on Motions . Filing a Certificate of Satisfaction Many times the judgment creditor will have filed a judgment entered by one court in another court or in another governmental agency </s><s> and the judgment debtor must present proof of the satisfaction to the other courts or agencies. The debtor may need to provide to those other courts and agencies a certificate from the original court that the judgment has been satisfied. A certificate can be issued only after the satisfaction </s><s> has been recorded in the original court. Forms Information about filing documents in existing cases by email Satisfaction by Acknowledgement of the Creditor 1201DC Satisfaction by Motion of the Debtor Forms for the Moving Party Required forms for the moving party 1202DC 1110GE Findings of Fact </s><s> and Order on Debtor's Motion to Declare Judgment Satisfied - PDF | Word 1204DC Optional forms for the moving party 1105GE 1106GE (if the other party has disagreed with the motion and presented a new matter in their response </s> |
<s> the sheriff or constable will serve the Writ </s><s> 69A </s><s> the creditor must describe the nature and location of the debtor's property. To get this information </s><s> see our webpage on Identifying Judgment Debtor's Property . When you file your application </s><s> first file an Abstract of Judgment with that court. Obtain an Abstract of Judgment from the clerk of the court that entered the judgment. The court in which you file the Abstract will charge a filing fee and assign a new case number. What property is subject to a Writ of Execution? The sheriff or constable may seize only "non-exempt" real and personal property. The law protects (exempts) certain property from seizure. Some property is exempt regardless of its value. Other property is exempt up to a specified amount. In that case </s><s> see the Utah Exemptions Act . (Utah Code Section 78B-5-501 and the succeeding sections.) The property must be in the possession or under the control of the debtor. A different procedure </s><s> is used to seize property held by someone other than the debtor </s><s> the debtor's employer (wages) or bank (account). Non-exempt real property may be seized. Real property is land and buildings </s><s> vacation home </s><s> the creditor should identify that person and have him or her served with a copy of the Writ of Execution and other papers. Claiming an exemption or ownership interest in the property If the sheriff or constable seizes property that the debtor believes is exempt </s><s> including a co-owner who is not liable for the judgment </s> |
<s> Transcript </s><s> 2020 Utah Code Annotated §78A-2-301. Civil fees of the courts of record -- Courts complex design. Type of Filing </s><s> or Service Subsection Fee Original complaint not otherwise governed by another subsection Subsection (1)(a) $375.00 Civil Complaint or Interpleader $2 </s><s> 000 and less than $10 </s><s> 000 or more Subsection (1)(b)(iii) $375.00 Divorce or Separate Maintenance Subsection (1)(b)(iv) $325.00 Motion for Temporary Separation Order Subsection (1)(b)(v) $35.00 Petition for Removal from the Sex Offender and Kidnap Offender Registry Subsection (1)(b)(vi) $125.00 Guardianship of an Adult Disabled Child Subsection (1)(b)(vii) $35.00 Motion to Renew Civil Judgment $2 </s><s> 000 and less than $10 </s><s> 000 or more Subsection (1)(l) $187.50 Counterclaim </s><s> Third Party Claim </s><s> 000 or less Subsection (1)(d)(i) $55.00 Greater than $2 </s><s> 000 Subsection (1)(d)(ii) $165.00 $10 </s><s> 000 or less Subsection (1)(c)(i) $60.00 Greater than $2 </s><s> 500 Subsection (1)(c)(ii) $100.00 $7 </s><s> 000 Subsection (1)(c)(iii) $185.00 Small Claims Counter Affidavit $2 </s><s> 000 and less than $7 </s><s> 500 up to $15 </s><s> 000 and less than $10 </s><s> 000 or greater Subsection (1)(f) $375.00 Trial de novo Note: An additional $10 fee is payable to the justice court at the time the small claims notice of appeal is filed. (§78A-8-105(4)) Subsection (1)(g)(i) $240.00 Appeal of a municipal administrative determination under §10-3-703.7 Subsection (1)(g)(ii) $80.00 Appeal </s><s> or Certiorari Subsection (1)(h) $240.00 Expungement Subsection (1)(i)(i) $150.00 (District Court) $135.00 (Justice Court) Judgment of other state Subsection (1)(k) $35.00 Probate or custody document of other state Subsection (1)(m) $35.00 Abstract or transcript of judgment or order of Tax Commission Subsection (1)(n)(i) $30.00 Abstract or transcript of judgment or order of Utah agencies or courts Subsection (1)(n)(ii) $50.00 Judgment by confession Subsection (1)(o) $35.00 Award of arbitration to be confirmed </s><s> or vacated Subsection (1)(p) $35.00 Petition or counter petition to modify divorce decree Subsection (1)(q) $100.00 Accountings Estate valued at $50 </s><s> 000 or less </s><s> 000 Subsection (1)(r)(ii) $30.00 Estate valued at $112 </s><s> but more than $75 </s><s> 000 or less </s><s> 000 Subsection (1)(r)(iv) $90.00 Estate valued at more than $168 </s><s> not part of pending action Subsection (1)(u) $35.00 Petition to open sealed record Subsection (1)(v) $35.00 Writ of replevin </s><s> execution </s><s> information </s> |
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