Content
stringlengths 2
56.3k
|
|---|
Divorce Education and Orientation Locations Class Locations Parents may attend classes at any location and time, regardless of where they have filed. See the internet calendars for dates and times. City Location Address Phone Number Farmington Community Art Center 120 South Main Street 801-447-5528 Provo Provo City Library at Academy Square 550 North University Avenue, Room 308 801-447-5528 Salt Lake Redwood Recreation Center 3060 S. Lester St., West Valley City 801-447-5528 Salt Lake Matheson Courthouse 450 South State St. 801-447-5528 |
Motions Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Notice of Pronouns Rule of Civil Procedure 7 Rule of Civil Procedure 101 Rules of Civil Procedure Serving Papers Motions What is a motion? A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion. See our page on Court Rules & Procedures for more information about how to take a case to court. What are you trying to do? I need to file a motion I need to respond to a motion How to file a motion This page can help you find information and forms to file your motion. Answer two questions to find help for your situation: What is your motion about? Will your motion be decided by a judge or commissioner? What is your motion about? My motion is about a family law case (like adoption, custody, or divorce) Motion to appoint a parent coordinator Motion to change venue in a domestic case (using OCAP, the Online Court Assistance Program) Motion to dismiss Motion to excuse mediation Motion to grant divorce and decide other issues later (bifurcate divorce) Motion to Intervene in Adoption Motion to modify child support Motion for temporary order Motion to waive divorce waiting period Motion to waive divorce education requirements My motion is about helping me get started with my case Motion for alternative service Motion to waive filing fees My motion is about changing a court hearing or location Motion to appear remotely Motion to change venue Motion to continue hearing or trial My motion is asking for help after my case is over (a judgment, order or sentence has been entered) Motion to correct clerical mistake Motion to declare a Judgment Satisfied Motion to delay (stay) enforcement of a judgment Motion to Enforce Order Motion to reduce conviction (402 motion) Motion to renew judgment Motion to Set Aside Judgment Motion to Shorten Period of Driver’s License Suspension or Denial Motion to vacate dismissal and reinstate civil case My motion is about something else Motion to dismiss a civil case Motion or default judgment Motion to stay a case under the Servicemembers Civil Relief Act If your motion is not listed here, then we do not have a form for your specific motion. But we still have some basic forms you can use. Keep reading below for more help. You can also read about other motions in civil cases below for guidance . Will your motion be decided by a judge or commissioner? Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion. If you already know, 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, look at the caption of the complaint or petition. You can also answer the questions below. Do you have a family law case? Yes If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question. No Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. Was your case filed in the 1st, 2nd, 3rd, or 4th district? Yes If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, answer the next question. No If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. I don't know If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court . What is your motion for? Some motions are always decided by a judge. Is your motion for one of the below? Motion for alternative service Motion to waive divorce waiting period Motion to waive divorce education class If yes, your motion will be decided by a judge. Scroll down to How to File a Motion Decided by a Judge. If your motion is for something else, it will be decided by a commissioner. Scroll down to How to File a Motion Decided by a Commissioner. 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party." Aftere you fill out the motion, 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, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion. Are you filing exhibits with your motion? If yes, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and attend the hearing If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below. Documents Who Files Time to File and Serve Motion Moving party Serve at least 28 days before the hearing Memorandum Opposing the Motion Responding party At least 14 days before the hearing Reply Memorandum Supporting the Motion Moving party At least 7 days before the hearing Counter Motion Documents Who Files Time to File and Serve Counter Motion (must be served with Memorandum Opposing the Motion Responding party At least 14 days before the hearing Memorandum Opposing the Counter Motion Original moving party At least 7 days before the hearing Reply Memorandum Supporting the Counter Motion Responding party At least 3 business days before the hearing How to File a Motion Decided by a Judge 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, 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, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Whatever happens, 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, be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. The chart below has more information when papers should be filed. Documents Who Files Time to File and Serve Motion Moving party Memorandum Opposing the Motion Responding party Within 14 days after the the moving party files and serves the motion Reply Memorandum Supporting Motion Moving party Within 7 days after the responding party files and serves the Memorandum Opposing the Motion Request to Submit for Decision Moving party After the last document in this list is filed, 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 How to respond to a motion Will your motion be decided by a judge or commissioner? Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion. If you already know, scroll down to read about Responding to a Motion Decided by a Judge or Responding to a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below. Do you have a family law case? Yes If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question. No Your motion will be heard by a judge. Scroll down to Responding to a Motion Decided by a Judge. Was your case filed in the 1st, 2nd, 3rd, or 4th district? Yes If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, answer the next question. No If your case was filed in another judicial district, it will be heard by a judge. Scroll down to Responding to a Motion Decided by a Judge. I don't know If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court . What is your motion for? Some motions are always decided by a judge. Is your motion for one of the below? Motion for alternative service Motion to waive divorce waiting period Motion to waive divorce education class If yes, your motion will be decided by a judge. Scroll down to Motions Decided by a Judge. If your motion is for something else, it will be decided by a commissioner. Scroll down to Responding to a Motion Decided by a Commissioner. Responding to a Motion Decided by a Judge Step 1: Read the motion - do you agree or disagree with what it is asking? If you agree with the motion you do not need to respond. You can also sign a Stipulated Motion. This form tells the court that you agree with everything in the motion. If you disagree with the motion you can file a Memorandum Opposing Motion. You have 14 days to file and serve your opposition. Choose the right one for your situation from the forms section below. Here are some tips to help you when filling out this form: Type or clearly print the Memorandum Opposing the Motion. Use short sentences. The Memorandum Opposing the Motion tells the court what parts of the motion you disagree with. Give details that the judge can use as evidence when deciding the motion. If you disagree with the legal arguments made in the Motion, explain in your opposing memorandum why the motion is not supported by the law. Cite any statutes, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the Memorandum Opposing the Motion. The judge might grant the request or might decide the motion based on the papers without a hearing. Most Memorandums Opposing the Motion can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . File your Memorandum Opposing the Motion with the court . Are you filing exhibits with your opposition? If yes, read more about exhibits below . If you want the judge to do something other than deny the motion, you must file your own motion. Read about How to File a Motion above for help. Step 2: Attend a hearing if the court schedules one The court might decide on the motion by just reading the papers. The court might also schedule a heearing. If the court schedules a hearing, be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. Responding to a Motion Decided by a Commissioner Step 1: Read the motion - do you agree or disagree with what it is asking? If you agree with the motion you do not need to respond. You can also sign a Stipulated Motion. This form tells the court that you agree with everything in the motion. If you disagree with the motion you can file a Memorandum Opposing Motion. You must file your opposition at least 14 days before the hearing . If you aren't sure when the hearing will be, contact the court . Choose the right Memorandum Opposing Motion from the forms section below. Here are some tips to help you when filling out this form: Type or clearly print the Memorandum Opposing the Motion. Use short sentences. The Memorandum Opposing the Motion tells the court what parts of the motion you disagree with. Give details that the judge can use as evidence when deciding the motion. If you disagree with the legal arguments made in the Motion, explain in your opposing memorandum why the motion is not supported by the law. Cite any statutes, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the Memorandum Opposing the Motion. The judge might grant the request or might decide the motion based on the papers without a hearing. Most Memorandums Opposing the Motion can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . File your Memorandum Opposing the Motion with the court . Are you filing exhibits with your opposition? If yes, read more about exhibits below . If you want the judge to do something other than deny the motion, you must file your own motion. Read about How to File a Motion above for help. Step 2: Attend the hearing The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. Exhibits If you will be filing exhibits with your Motion or Memorandum Opposing the Motion, you must file an Affidavit for your exhibits. You can find this form in the forms section below. Examples of possible exhibits include: tax returns bank statements receipts photographs correspondence calendars medical records forms In your Affidavit, describe what each document is and give a "foundation" for it. This means to explain where you got the document from, what you know about it, and why it is can be trusted. For example, if you are filing a copy of your tax return, you could say that it is a copy of the 2014 federal tax return you sent to the IRS. Do not file copies of court papers already in the court's case file. This includes things like decrees, orders, minute entries, motions, or affidavits as exhibits. Instead, just reference the date the document was filed in your motion. You may file court papers from cases, such as protective orders, prior divorce decrees, criminal orders or dockets. Do your exhibits have lots of pages? If you have exhibits that have lots of pages, make it easy for the court to review them, Do the following More If you have exhibits that have lots of pages, make it easy for the court to review them, Do the following: file with the court an Exhibit Summary. You can find this form in the forms section below. Use it to describe what is in your exhibit and what it proves. For example, you could say it is 50 pages of text messages with the other party where they say they won't follow the court's order. Or, that it's a collection of bank statements for the entire year of 2013 and that monthly account amounts averaged $2,000. serve a copy of the summary and the complete exhibit on the other party with your motion. bring the original or copies of the complete exhibit with you to the hearing. There is an exception to this rule. For a document with "specific legal significance," you must file the complete exhibit, even if it is lengthy. This includes: tax returns appraisals financial statements and reports prepared by an accountant wills trust documents contracts settlement agreements Less Order The order is the judge's or commissioner's decision on the motion. The order usually contains a statement of the facts that the court decides are true, a statement of the law, and the court's orders. If the judge makes a decision without a hearing or if the judge or commissioner takes the matter under advisement, they will usually decide on the motion within 60 days after the motion was submitted. If the judge or commissioner decides at the end of a hearing, usually they will tell one party or the other to prepare the order. Listen carefully to what the judge or commissioner says because you may have to prepare the order. The order must say what the judge or commissioner says. You can also buy a copy of the audio recording of the hearing from the court. Whoever is required to prepare the order should do so within 14 days after the judge's or commissioner's decision. If one party is directed to prepare the order and does not, then the other party may prepare the proposed order. If you are required to prepare the order If you are required to prepare the order, you must serve proposed order on the other party . Then wait 7 days and file the proposed order with the court . If you are served with a proposed order Read the order careflly to see if it correctly says what the judge or commissioner ordered. If you don’t think the order says what was ordered, you can file an Objection to Form of Order with the court. You can find this form in the forms section below. You must file the objection within 7 days of being served. The objection can only be that the order does not accurately reflect what the judge or commissioner ordered. The objection cannot be about the judge or commissioner’s decision. If you think the draft order correctly says what was ordered, you can sign in the "Approved as to Form" section and either file the signed document with the court, or return it to the other party. Even if you refuse to approve it as to form, the other party can still file the proposed order. And if you are the one preparing the order, you can file the proposed order without the other party’s signature. If an Objection to Form of Order was filed You can try to settle the dispute about the order. Otherwise, the judge or commissioner will make a decision about the objection. Other Motions in Civil Cases This table includes some common motions in civil cases. This is not a complete list. The More This table includes some common motions in civil cases. This is not a complete list. The court does not have any forms for these motions, other than the generic forms listed in the forms section below. Motion Rule of Civil Procedure Which Party can Make the Motion and When Description To dismiss for lack of subject matter jurisdiction Rule 12(b)(1) Defendant/Respondent after the summons and complaint/petition have been filed and served The motion asks the court to dismiss the case because it was filed in the wrong court. If the court grants the motion, the plaintiff can file the case in a court that has jurisdiction. To dismiss for lack of personal jurisdiction Rule 12(b)(2) Defendant/Respondent after the summons and complaint/petition have been filed and served The motion asks the court to dismiss the case because the defendant/respondent does not have enough of a connection to Utah. If the court grants the motion, the plaintiff/petitioner can file the case in a court that has personal jurisdiction. To transfer to a county in which venue is proper Rule 12(b)(3) Defendant/Respondent after the summons and complaint/petition have been filed and served The motion asks the court to transfer the case to a county in which the defendant/respondent resides, where the action arose, or to some other county with venue. To dismiss for insufficient process Rule 12(b)(4) Defendant/Respondent after the summons and complaint/petition have been filed and served "Process" refers to the summons itself. The motion asks the court to dismiss the case because the summons did not meet the requirements of URCP 4 (a) and (c). If the court finds that the summons is defective, it may allow the plaintiff/petitioner extra time to prepare and serve a proper summons or dismiss the case. If the case is dismissed, the plaintiff/petitioner can file a new case, and prepare and serve a proper summons. To dismiss for insufficient service of process Rule 12(b)(5) Defendant/Respondent after the summons and complaint/petition have been filed and served "Service of process" refers to how the summons and complaint are delivered to the defendant/respondent. The motion asks the court to dismiss the case because the defendant/respondent was not served in a manner permitted by URCP 4(d) . If the court finds that service was defective, it may allow the plaintiff/petitioner extra time to properly serve the summons and complaint/petition or dismiss the case. If the case is dismissed, the plaintiff/petitioner can file a new case, and properly serve the defendant/respondent. To dismiss for failure to state a claim upon which relief may be granted Rule 12(b)(6) Defendant/Respondent after the summons and complaint/petition have been filed and served The motion asks the court to dismiss the case because the claims made, even if true, do not state a cause of action. The motion does not admit or deny the truth of the claims. If the court finds that the claims do not state a cause of action, it may allow the plaintiff/petitioner extra time to amend the complaint/petition or dismiss the case. If the case is dismissed, the plaintiff/petition can file a new case, unless the case is dismissed "with prejudice." To dismiss for failure to join an indispensible party Rule 12(b)(7) Defendant/Respondent after the summons and complaint/petition have been filed and served The motion asks the court to dismiss the case because someone who has to be a party is not a party. URCP 19 says who should be a party and who has to be a party. If the court finds that the person has to be a party, it may allow the plaintiff/petitioner extra time to join the person to the case by naming them as a party and serving them. If the court does not have personal jurisdiction over a person who has to be a party, the case will be dismissed. To make a more definite statement Rule 12(e) Defendant/Respondent after the summons and complaint/petition have been filed and served The motion asks the court to order the plaintiff/petitioner to rewrite the complaint/petition (or some part of it) because, as written, it is so unclear that the defendant/respondent cannot be expected to understand it. If the court grants the motion, it will allow the plaintiff/petitioner extra time to rewrite the complaint/petition (or some part of it). To strike a statement Rule 12(f) Any party after a new pleading or other paper has been filed and served The motion asks the court to strike a part of a document because the language is so repetitive, irrelevant or improper that it should be deleted. If the court grants the motion, the offending language will be deleted, but the case will still proceed. For judgment on the pleadings Rule 12(c) Any party after all pleadings have been filed and served The motion asks the court to give judgment to the moving party because, based on the pleadings, the moving party should win as a matter of law. If the court grants the motion, the moving party wins the case (or some part of it). For summary judgment Rule 56 Any party after all pleadings have been filed and served and before trial. The motion asks the court to give judgment to the moving party because, based on the pleadings, statements and other documents, the moving party should win as a matter of law. If the court grants the motion, the moving party wins the case (or some part of it). This motion is similar to motion for judgment on the pleadings, except that the court considers material in addition to the pleadings. To grant the motion, the court must find that no important facts are disputed and that the moving party is entitled to judgment as a matter of law. Less Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance My case is in Judicial District 1, 2, 3, or 4 and will be heard by a commissioner Forms for the Moving Party Required forms for the moving party 1101.8GE 1111FA 1112FA Optional forms for the moving party 1102.8GE 1108FA (to be used with exhibits, if any) 1109FA (to be used to describe voluminous exhibits, if any) 1105FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and the moving party wishes to respond) 1113FA (Used to object to the proposed order) Forms for the Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party Counter Motion - PDF | Word (if the opposing party has new arguments to make in response to the moving party's motion) 1108FA (to be used with exhibits, if any) 1109FA (to be used to describe voluminous exhibits, if any) 1105FA (if the other party agrees to the motion after it has been filed) 1112FA (if the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order) Notice of Hearing in Languages Other Than English or Spanish 1111.3FA 1111.2GE 1111.3GE My case is in Judicial District 5, 6, 7 or 8 and will be heard by a judge Forms for the Moving Party Required forms for the moving party 1101FA 1110FA (filed after all documents have been filed, or the time has passed for the other party to respond) 1112FA Optional Forms for the Moving Party 1102FA (if both parties agree to the motion before it is filed) 1105FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111FA (if a hearing is requested) 1113FA (Used to object to the proposed order or Judgment) Forms for the Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA (if the opposing party agrees to the motion after it has been filed) 1003FA he opposing party has new arguments to make not presented in the moving party's motion) 1111FA (if a hearing is requested) 1110FA (if the other party has not filed this document) 1112FA (if the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order) Notice of Hearing in Languages Other Than English or Spanish 1111.3FA 1111.2GE 1111.3GE I don’t know what district my case is in If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner. Juvenile Court 1101JU 1102JU Something else Forms for the Moving Party Required forms for the moving party 1101GE 1110GE (filed after all documents have been filed, or the time has passed for the other party to respond) 1112GE Optional Forms for the Moving Partys 1102GE (if both parties agree to the motion before it is filed) 1105GE (if the other party agrees to the motion after it has been filed) 1107GE (if someone other than the moving party has a statement to make) 1106GE (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111GE (if a hearing is requested) 1113GE (Used to object to the proposed order or Judgment) Forms for the Opposing Party Required forms for the opposing party 1104GE Optional forms for the opposing party 1105GE (if the opposing party agrees to the motion after it has been filed) 1103GE (if the opposing party has new arguments to make not presented in the moving party's motion) |
Filing Documents by Email If you represent yourself, you can email documents to file with the court. This page has email filing instructions only. See our Filing Procedures page for general filing information. If you need help with forms or what to file, check our self-help resources . Email is not secure. If you email private information like birth dates, account numbers, or contact information, we cannot guarantee it will be safe. If you are worried about emailing private information, contact the court to request encrypted email. Or, mail your documents or file them in person. The instructions depend on your situation. Choose one of the options below. Filing a Protective Order or Stalking Injunction by Email - View Instructions You might be able to get help applying for a protective order If you want to ask the court for a protective order and… Then… you live in Salt Lake County. contact Legal Aid Society of Salt Lake to see if you qualify for free representation. you live outside Salt Lake County. contact Utah Legal Services to see if you qualify for free legal representation. Call 800-662-4545 Monday through Friday 9:00 am - 2:00 pm or contact Timpanogos Legal Center for help with preparing your documents. Call their Hotline 801-649-8895 Monday through Friday 9:00 am – 2:00 pm After hours leave a message If you have been served with a protective order or stalking injunction These web pages provide information about protective orders and stalking injunctions: Child Protective Order Cohabitant Protective Order Dating Violence Protective Order Sexual Violence Protective Order Civil Stalking Injunction See the Finding Legal Help web page for information about free and low cost ways to get the help of an attorney. If you email a request for a protective order or stalking injunction, the court will not share your email address with the other party. The court will use your email to contact you with questions and to notify you when it signs the order. The court will email you a signed copy of the order. Your email must include the following: A subject line that says "Protective Order or Stalking Injunction Filing for ____ (your name)" Your contact information in your email, including the best way to contact you such as your phone number and email address). The court will not share this with the other party, but might use it to contact you if there are questions about your filing Attached documents: Request for Protective Order or Petition for Protective Order or Request for Civil Stalking Injunction You can prepare a request for a protective order or stalking injunction by working with your local victim advocate , using OCAP or with self-help forms available on our website Service Assistance Form Any supporting documents (police reports, text messages, etc.) Make sure your documents are: Filled out completely Type your name in the signature line, swearing the information in your petition or request is true Filled out clearly so court staff can read them, if you are filling out the forms by hand, please use a pen and not pencil so the court can read your papers Filled out in English If you speak another language and need help, contact the Self-Help Center Scanned in PDF format clearly so the entire page can be read If you are using a smartphone, you can use an app that will let you take pictures with your phone of each page of your documents and convert them to PDFs If you have problems making a PDF review these tips on how to scan documents from your phone or tablet or contact your local court. Email addresses for filing a protective order or stalking injunction If you need help, contact: The court where you are filing for your protective order Your local victim advocates The Self-Help Center More information on filing for protection from abuse is available on our Protection from Abuse page . Filing a NEW Case by Email - View Instructions Follow these guidelines when emailing documents to begin the process of opening a new case. Your email must include the following: A subject line that says "New filing for ____ (your name)" Your contact information in your email, including the best way to contact you, such as your phone number or email address. Attached case initiating documents. Usually this is just a complaint or petition and a civil coversheet, but could include other documents, depending on your case type. Please submit only black and white documents There may be a filing fee to open a new case. If you must pay a fee the court will contact you with instructions on how to pay. If you do not pay your case could be dismissed. If you cannot afford the fee you can request a fee waiver . Make sure your documents are: Filled out completely Type your name in the signature line, swearing the information in your form is true Filled out clearly so court staff can read them, if you are filling out the forms by hand, please use a pen and not pencil so the court can read your papers Filled out in English If you speak another language and need help, contact the Self-Help Center Scanned in PDF format clearly so the entire page can be read If you are using a smartphone, you can use an app that will let you take pictures with your phone of each page of your documents and convert them to PDFs. Please be sure to include every page of your document If you have problems making a PDF review these tips on how to scan documents from your phone or tablet or contact your local court. Remember to serve other parties in the case copies of all documents you send to the court. Email addresses for filing a new case in district, justice, and juvenile court If you need help, contact: The court where you are filing your forms The Utah State Law Library The Self-Help Center Filing in an Existing Case by Email - View Instructions Follow these guidelines when emailing documents to be filed in your existing case. Your email must include the following: A subject line that says "Filing in case # (include your case number)" If you do not know your case number contact your court or the Web Navigator . The Navigator is Out Your contact information in your email - including the best way to contact you (phone number, email address.) Attached documents you want to file Please submit only black and white documents Make sure your documents are: Filled out completely Type your name in the signature line, swearing the information in your form is true Filled out clearly so court staff can read them, if you are filling out the forms by hand, please use a pen and not pencil so the court can read your papers Filled out in English If you speak another language and need help, contact the Self-Help Center Scanned in PDF format clearly (as individual PDF documents) so the entire page can be read If you are using a smartphone, you can use an app that will let you take pictures with your phone of each page of your documents and convert them to PDFs. Please be sure to include every page of your document If you have problems making a PDF review these tips on how to scan documents from your phone or tablet or contact your local court. Remember to serve other parties in the case copies of all documents you send to the court. Email addresses for filing in an existing case in district, justice, and juvenile court If you need help, contact: The court where you are filing your forms The Utah State Law Library The Self-Help Center |
Child Custody and Parent-Time Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Introduction The page is about the custody of a minor child. Custody means power to care for and make decisions for someone else. In Utah, custody may be a separate case or part of a case for divorce, separate maintenance, temporary separation, annulment, parentage, adoption, neglect and dependency, or termination of parental rights. Depending on the type of case, a custody order can come from a district court or a juvenile court. Utah's divorce laws control how custody works, even if the parties were never married. Most orders award custody to one or both parents of the minor child. However, a custody order may award custody to another adult, like a grandparent. Types of child custody There are two parts to custody: legal custody and physical custody. Legal custody is about who has the right to make important decisions about the children. Physical custody is about where the children live. Utah recognizes several custody arrangements for minor children. These include: Sole legal and sole physical Either parent can be awarded sole custody of the children. This means the children live with one parent and that parent makes major decisions about the children's lives. The non-custodial parent will usually have parent-time with the children. For more information, see the section on parent time . Joint legal and joint physical With this arrangement, the children live with both parents. Both parents make important decisions about their children. Joint custody works best when both parents communicate well together. Joint legal custody means both parents work together to make decisions about major issues affecting the children. These issues may include what religion (if any) the children will be raised in, whether the children should receive medical treatment or undergo a major medical procedure, where the children will go to school, and permission to get a tattoo, get married, or join the military before age 18. Joint legal custody does not affect the children's residence. Joint physical custody means the children live at least 111 nights a year in the home of each parent. Joint physical custody works best when both parents live in the same general area. Joint legal and sole physical In this arrangement, children live with one parent over 255 nights per year. The other parent has regular parent-time, but both parents make important decisions about their children. Split custody This arrangement means that each parent is awarded the sole physical custody of at least one of the children when there is more than one child. Legal custody of the children by the non-custodial parent may or may not be shared as ordered by the court. Best interest factors The court must order what is in the children's best interests when making custody and parent-time decisions. This is true even when parties agree. Joint legal custody assumed to be in children's best interests Joint legal custody is assumed to be in the children's best interests unless: one or more of the children have special needs, the parents live far apart, there is domestic violence, neglect, physical abuse, or emotional abuse involving one of the children, a parent, or a household member of the parent, or there is some other factor the court considers relevant. A party can overcome this assumption. They must show that sole legal custody would be in the children's best interests. There is not a similar assumption about joint physical custody. General factors The court examines many factors to determine the children's best interests. General factors are listed below but for a more complete list see Utah Code Section 30-3-10 . Some might not be relevant in your case. The court considers the parents': moral and financial conduct history and nature of their relationship with their children ability and desire to care for the children, willingness to allow frequent and continuous contact between the children and the other parent, but the court will consider a parent's protective actions if the parent is acting to protect the children from domestic violence, neglect, or abuse. And considers the children's: relationship with extended family members of other individuals who may significantly affect the child's best interests The court also considers: evidence of domestic violence, neglect, physical, sexual or emotional abuse involving the child, parent or a household member of the parent the relative benefit of keeping siblings together any other factor the court finds relevant. Additionally, the court can consider the children's desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor. The judge does not give either parent a preference due to the parent's gender. Factors for joint legal, joint physical, or both If the court is considering joint legal custody, joint physical custody, or both, it will also consider these factors: whether joint legal custody or joint physical custody will benefit the children the parents' ability to give first priority to the children's welfare and reach shared decisions in the children's best interest co-parenting skills, including: ability to appropriately communicate with the other parent; ability to encourage the sharing of love and affection the distance between the parents' homes the parents' maturity and their willingness and ability to protect the child from conflict that may arise between the parents, and the parents' ability to cooperate with each other and make decisions jointly. See Utah Code Section 30-3-10 and 30-3-10.2 for a more complete list of factors. Parent-time Parent-time, also known as "visitation," means the time the non-custodial parent spends with a child. When parents cannot agree on a parent-time schedule, state law provides for a minimum parent-time schedule: 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) The court can order any schedule that is appropriate for the children and the parents and in the children's best interests using the factors in Utah Code Section 30-3-34 and any other factors the court finds relevant. When one or both parents are servicemembers, or are thinking about joining the armed services, there are other considerations. See Utah Code Section 30-3-33(19) . Parenting plans If the parents agree to any form of joint legal custody or joint physical custody, they must file a parenting plan. The court will have to determine that the joint custody arrangement is in the children's best interests. See the Parenting Plans web page for more information. Relocation of a parent A custody and parent-time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process for this. Either parent can request an order when one of the parents plans to move 150 miles or more from the residence of the other parent. See the Relocation of a parent in divorce and custody cases web page for more information and forms. Servicemembers Military service members should review Utah Code Section 78B-20-102 et seq. , Uniform Deployed Parents Custody, Parent-time, and Visitation Act. Deployed parents should see the Motion for Temporary Order Due to Deployment web page for more information. Custody evaluation The parties may request a custody evaluation prepared by a professional evaluator. The judge can order a custody evaluation even without a motion from a party. A custody evaluation may be expensive and the cost is often split between the parties. For more information, see Rule 4-903 and our pages on Custody Evaluation and Child Custody and Parent-Time. Parent coordinator Parents who need help resolving conflicts about parenting issues may ask the court to appoint a parent coordinator. The services of a parent coordinator may be ordered by the court with or without the agreement of both parties. A parent coordinator is a mental health professional who has expertise in child development. They help parents resolve their differences by offering advice about the needs of the children and the workability of various parenting plans. Parents are not obligated to take the advice offered. The discussions and recommendations are confidential. For more information and forms, see on our webpage on Parent Coordinators . Enforcing a custody or parent-time order All parties must obey court orders. Custodial parents may not withhold parent-time, even if child support is not being paid. A parent may not withhold child support even if parent-time is being denied. If a party does not obey a court order, the other party may file a motion asking the court to enforce the order. The enforcement order can include a judgment for money owed or extra parent-time. The court may also find a party in contempt of court and order the party to pay a fine or serve time in jail. For information and forms, see our webpage on Motion to Enforce Order . Modifying a custody or parent-time order Either party may petition the court to modify a custody order or a parent-time order. They must show there are substantial material changes in circumstances since the order was issued and if the modification would be in the best interests of the children. For information and forms, see our webpages on Modifying Custody and Modifying Parent-Time . Registering a foreign order Before an order from another state can be enforced or modified it first must be registered in Utah. For information and forms, see our webpage on Registering a Foreign Order . Forms Use the Online Court Assistance Program (OCAP) to create the documents to ask for an initial child custody order in divorce and parentage cases. Modifying Custody Modifying Parent-Time Motion to Enforce Domestic Order (Order to Show Cause) Parenting Plans Registering a Foreign Order |
Alimony Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Introduction Alimony, sometimes referred to as spousal support, is the court-ordered allowance that one party pays to the other party for support while they are separated, in the process of getting divorced, or after they are divorced. Money questions in divorce can be tricky. And hard to change once the court signs a decree. You may want a licensed professional to look at your papers before you file. See our Finding Legal Help page to learn more. Who can get alimony? Either the husband or the wife may ask the court for alimony. Alimony may be awarded temporarily while the case is pending or for a longer period after the divorce has been granted. The court may consider the following and other factors when deciding whether to award alimony: The financial condition and needs of the party who would receive alimony. This includes the recipient's monthly debts and obligations, and their ability to pay these debts. The recipient's earning capacity or ability to produce income. This includes past employment history, ability or inability to work and income received from all sources, including passive income. This also includes the impact of diminished workplace experience resulting from primarily caring for a child of the paying spouse. The ability of the paying spouse to provide support. This includes income from all sources weighed against their debts and obligations. As a general rule, debts may not be incurred to defeat alimony. The length of the marriage, meaning the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court. The longer the marriage, the stronger the case for alimony. Whether the recipient party has custody of minor children who need support. Whether the recipient worked in a business owned or operated by the other spouse. Whether the recipient contributed to increase the other spouse's skill by paying for their education or by allowing them to attend school during the marriage. The court may also consider the fault of the parties in determining whether to award alimony and its terms. "Fault" means any of the following conduct during the marriage that substantially contributed to the breakup of the marriage: engaging in sexual relations with a person other than the party's spouse; knowingly and intentionally causing or attempting to cause physical harm to the other party or a child; knowingly and intentionally causing the other party or a child to reasonably fear life-threatening harm; or substantially undermining the financial stability of the other party or the child. Generally, in determining alimony, the court considers the parties' standard of living at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage began. Sometimes, the court will try to equalize the parties' standards of living. The court may not order alimony for a period longer than the length of the marriage, unless there are special reasons for doing so, which a party can raise with the court at any time before the alimony order ends ("before the termination of alimony" is the language in the bill). In counting the length of the award of alimony, you include the period of time the party pays temporary alimony before the final divorce decree is entered by the court. Temporary Alimony If, during a divorce or separation case, a spouse requests or is receiving temporary alimony, and the other spouse establishes that the recipient is cohabiting with another person, the court cannot order temporary alimony and must terminate any order of temporary alimony. Terminating Alimony Alimony automatically terminates upon the remarriage or death of the recipient unless the decree of divorce says otherwise. (There are exceptions for if the remarriage of the alimony recipient is annulled.) Alimony also terminates if the recipient cohabits with another person after the order for alimony is issued, but the other spouse cannot just stop paying alimony. They must first prove the cohabitation to the court. Cohabit means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual relationship. A motion to terminate alimony for cohabitation must be filed no later than one year from the day on which the party knew or should have known that the former spouse has cohabited with another person. The party asking the court to terminate alimony does not need to prove that the former spouse was cohabiting on the date they file their motion to terminate alimony. See the Motions webpage for generic motion forms and the process. Modifying alimony If there have been substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so. Regardless of whether a party's retirement is foreseeable, the party's retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree expressly states otherwise. For more information, see our page on Modification of a Divorce Decree . Enforcing alimony If the party ordered to pay alimony fails to do so, the recipient may file a motion asking the court to enforce the alimony order. The court may issue a judgment for past due alimony. The court may also find a party in contempt of court and order the party to pay a fine or serve time in jail. For information and forms, see our webpage on Motion to Enforce Domestic Order (Order to Show Cause) . Registering a foreign order Before an alimony order from another state can be enforced or modified it first must be registered in Utah. For information and forms, see our webpage on Registering a Foreign Order . |
Annulment Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Introduction In some limited circumstances the court can order a marriage annulled. Annulment means that the marriage never existed. This is different from a divorce, which ends a marriage. An annulment has different financial, social and religious consequences than a divorce. Most couples who wish to end their marriage can meet the legal grounds for a divorce , but not for an annulment. Even though an annulment means the marriage never existed, the court may order child custody, parent time, and child support for children born during the marriage. The court may also address property and debt division and other issues. While the court process for requesting an annulment is similar to that for a divorce, the required legal grounds are different. For that reason, the forms for an annulment case are different than those for divorce. Requirements The circumstances in which the court can order a marriage annulled are limited. Under Utah Code Section 30-1-17.1 a marriage can be annulled only for one of the following reasons: One person was married to someone else, including if that person's divorce decree was not yet final. One person was under 18 years old and did not marry legally before May 14, 2019. For marriages after May 14, 2019, one person was 16 or 17 years old and did not obtain consent from a parent or guardian and the prior authorization of the juvenile court. The marriage was between close relatives (such as siblings) who are not permitted to marry. Length of marriage is not a legal ground for annulment under Utah's statute. Although not mentioned in the statute, a marriage can also be annulled for reasons recognized by the court, such as misrepresentation, fraud or refusal to consummate the marriage. Forms There are no forms on this website for requesting an annulment. |
Answering a Complaint or Petition Page Menu Introduction This page explains how a defendant or a respondent in a lawsuit can file an answer to protect their rights. Information on calculating when an answer is due, what to include in an answer, and other details are below. Forms to file an answer are available in the Forms Section . If you are being sued for eviction see our page on Eviction Information for Tenants Responding to a Complaint or Petition The plaintiff (or petitioner) notifies the defendant (or respondent) that they have started a court case against them by having them served with a complaint (or petition) and summons. The summons is a notice served on a person to let them know that a complaint or petition has been filed against them. The summons requires the defendant to respond to the complaint within a certain amount of time. The defendant should carefully read the complaint. If they do not agree with some or all of the claims in the complaint, they must "answer" the complaint by the deadline. The defendant can also use the answer to make any affirmative defenses. The defendant can also file a counterclaim to raise new issues not stated in the plaintiff's complaint. Failing to respond to a complaint or petition can lead to: the defendant losing the case entirely A judgment being entered against the defendant the defendant's wages being garnished If you have a debt collection or eviction case, you can file your answer online with MyCase . You can use it to eFile and see what has been filed. If you can’t log in to MyCase and are short on time to file your answer, use one of the forms below and file another way . Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service. URCP 12(a) . The time to answer in an eviction case is only three days. Do not ignore a summons and complaint for eviction. If the defendant does not file an answer or an appropriate motion within that time, the plaintiff may ask the court to enter a default judgment. A default judgment means the plaintiff wins, and the defendant doesn't get the chance to tell their side of the story. For more information and forms, see our page on Default Judgments . Content of the Answer The defendant should carefully read the complaint or petition. The defendant's answer tells the court and the other party whether they agree or disagree with each of the statements from the complaint, or that they neither agree nor disagree with a statement because they don't have enough information. If the defendant disagrees with a statement from the complaint, they can explain why they disagree. Counterclaims, Cross Claims, and Third-Party Claims A counterclaim is a lawsuit filed by the defendant against the plaintiff within the original case. A counterclaim is the defendant's opportunity to raise claims against the plaintiff for the same series of events (compulsory counterclaim) or the same subject matter (permissive counterclaim). For example: the plaintiff sues the defendant for injuries in a traffic accident. The defendant files a counterclaim, alleging that the plaintiff is actually responsible for the accident, and owes the defendant money for injuries caused by the accident. in a divorce case, the petitioner did not make any provisions for alimony for the respondent. If the respondent wants to ask for alimony, they must file a counterclaim. Counterclaims are governed by Utah Rule of Civil Procedure 13 . In divorce, temporary separation, separate maintenance, parentage, custody, and actions to modify orders in these cases, you must file a counterpetition with your answer. The other party then has 21 days to answer the counterpetition. Utah Rule of Civil Procedure 12(a)(2) . A party may also choose to bring other parties into the case using a cross-claim or third-party claim. Bringing in additional parties can be complicated; consider contacting an attorney. See the Finding Legal Help web page for information about free and low cost ways to get the help of an attorney. The counterclaim, cross-claim or third-party claim must meet all of the requirements of a complaint. A counterclaim is a pleading served after the original complaint in a case and must be served on the opposing party according to the requirements of Utah Rule of Civil Procedure 5 . Filing the Answer Once you have filled out your answer, you need to file it with the court where the complaint was filed. "Filing" means delivering it to the court. The answer is not filed until the court receives it. You can file your answer by emailing, mailing, or personally delivering it. See the Filing Procedures web page for more information. Fees There is no fee to file an answer. There is a fee, however, to file a counterclaim, cross-claim or third-party claim. The defendant can ask that the filing fee be waived. For more information about fees and forms to ask to waive fees, see Fees and Fee Waiver web page . If the defendant wants a jury trial, and no other party has requested one, the defendant must request one and pay the required fee no later than 10 days after service of the last pleading. The request for a jury trial can be made using the Civil Cover Sheet . Serving the Answer on the Plaintiff In addition to filing the answer with the court, the defendant must deliver a copy of the answer to the other party (or their attorney, if they are represented by an attorney). The defendant can email, mail or hand deliver the answer. Utah Rule of Civil Procedure 5 governs the service of an answer. See the Serving Papers web page for more information. Multiple Defendants If there are multiple people named as defendants in a case, each defendant must file an answer. Each defendant can file a separate answer, or multiple defendants can file one answer. If multiple defendants choose to file one answer together, they must make it clear that the answer is for all of them, and each of the defendants covered by that answer must sign the answer. Replying to Counterclaim, Cross-Claim or Third-Party Claim The party sued in a counterclaim, cross-claim or third-party claim must file a reply to the claim within 21 calendar days after being served, if they are in Utah. If they are served outside Utah, they must file an answer within 30 calendar days after being served. If the Defendant Agrees with Everything in the Complaint If the defendant agrees with everything that is requested in the complaint, they can work with the other party to file a stipulation. This document is signed by both parties and tells the court they are in agreement. Alternatives to Filing an Answer Instead of answering, the defendant may file one of the motions described in Utah Rule of Civil Procedure 12. If the judge grants the motion, the judge's order will direct the parties what to do next. If the judge denies the motion, the defendant must file an answer within 14 days after the judge's order. For more information and forms, see our page on Motions . See also specific information on the various URCP 12 motions . Affirmative Defenses An affirmative defense is a reason that the plaintiff should lose even if all of the claims are true. For example, the plaintiff made a procedural mistake, like not serving the defendant properly or the case was filed after the statute of limitations. The defendant might not have any affirmative defenses. If the defendant includes in the answer any affirmative defenses, the defendant must state the affirmative defense in simple, short and plain sentences describing the affirmative defense and the demand for relief, such as dismissal of the case or judgment for defendant. See URCP 8(c) for the affirmative defenses that must be stated in the answer. Asking for More Time If the defendant needs more time to file an answer, they should contact the other party (or their attorney, if they have one) as soon as possible. If plaintiff agrees to give the defendant more time to answer, the defendant should send the plaintiff a letter describing what was agreed to. The defendant should keep a copy for their records. If the plaintiff does not agree to give the defendant more time, the defendant must file their answer within the original time or risk a default judgment . If the defendant believes it is necessary to ask for more time to answer and if the plaintiff will not agree to allow more time, the defendant can try filing a motion for more time to answer. See the Motions web page for information and forms. Removing a Case from District Court to Justice Court If the defendant has been sued in district court for less than the jurisdictional limits of a small claims case, and if the plaintiff agrees, the defendant can have the case removed-or transferred-from the district court to a justice court and tried as a small claims case. If this is to be done, it has to be done within the time that the defendant has to answer the complaint in district court. The first step is to see whether the plaintiff agrees to have the case tried as a small claims case. The defendant cannot remove a case unless the plaintiff agrees. The second step is to file the notice of removal in the justice court and pay the appropriate filing fee to the justice court. The defendant must pay the filing fee that the plaintiff would have paid for a small claims case. The plaintiff does not get a refund of the district court filing fee, but there is no fee if the plaintiff wants to appeal the small claims decision. The third third step is to file a notice of removal in the district court. This must be done after the notice of removal in the justice court because the defendant must provide to the district court the case number from the justice court. All three steps must be completed within the time that the defendant has to answer the complaint in district court: 21 days after service if served in Utah; and 30 days after service if served outside of Utah. When these steps are complete, the district court will send a copy of the court's records to the justice court. The case can be removed to a justice court whose jurisdiction is: in the judicial district in which the civil case is pending; where the defendant resides; or where the events happened. Once the case is removed to justice court, the court will schedule the case for trial, and the case will proceed as any other small claims case in that court. If the defendant wants to appeal the small claims decision, they will have to pay the appropriate filing fees. If the plaintiff wants to appeal the decision, they do not. Removing a Case From Justice Court to District Court If the defendant has been sued in justice court in a small claims case, and they want to have a jury trial, they must transfer ("remove") the case from the justice court to a district court. A case can be removed to a district court in the same judicial district as the justice court in which the small claims case was filed, and where the defendant resides or where the events happened. The defendant must file the forms within 15 days of being served with the Affidavit and Summons for the small claims case. The defendant must: File a Notice of Removal from Justice Court form in the district court. The defendant must pay the jury fee. The plaintiff does not get a refund of the justice court filing fee. File a Notice of Removal to District Court form in the justice court. This must be done after the notice of removal is filed in the district court because the defendant must give the justice court the case number from the district court. When these steps are complete, the justice court will send a copy of the court's records to the district court. Once the case is removed to district court, that court will schedule the case for trial, and the case will proceed as any other civil case in that court. The rules of small claims procedure would no longer apply. Instead, the rules of civil procedure and the rules of evidence would apply. Utah Rule of Small Claims Procedure 4A . Forms Information about filing documents in existing cases by email Forms for filing an Answer in specific case types Custody, Support or Paternity - under Domestic Cases (Using OCAP , the Online Court Assistance Program; OCAP can also create a counterclaim) 1013GE Divorce - under Domestic Cases (Using OCAP , the Online Court Assistance Program; OCAP can also create a counterclaim) Eviction Use OCAP , the Online Court Assistance Program, under Landlords and Tenants. OCAP can also create a counterclaim, or 2100EV Or, use the generic Answer form found in the next section. Forms for filing an Answer 1011GE For cases that are not family law cases. 1008FA For divorce, custody, paternity, temporary separation, separate maintenance, and annulment cases. There are forms for specific case types listed in the section above. Forms for filing a Counterclaim in specific case types Custody, Support or Paternity - under Domestic Cases (Using OCAP , the Online Court Assistance Program, as part of an Answer) Divorce - under Domestic Cases (Using OCAP , the Online Court Assistance Program, as part of an Answer) Eviction Use OCAP , the Online Court Assistance Program, under Landlords and Tenants as part of an Answer, or 2100EV Or, use the generic Counterclaim form found in the next section. Forms for filing a Counterclaim For cases that are not family law cases: 1044XX 1012GE For divorce, custody, paternity, temporary separation, separate maintenance, and annulment cases: 1158.5XX 1009FA Forms for removing a case to justice court Checklist - PDF | Word 1027XX 1029XX Notice of Hearing - PDF | Word Forms needed by defendant to remove a case to district court Checklist - PDF | Word 1044XX 1030XX 1028XX Notice of Hearing - PDF | Word Back to Top |
Child Support Page Menu Related information Child support tables Base combined child support obligation table: Utah Code Section 78B-12-301 Child support tables - Low income table: Utah Code Section 78B-12-302 Finding Legal Help Going to Court Modifying Child Support Motion to Enforce Order Online Court Assistance Program (OCAP) to create the documents to ask for an initial child support order in divorce and parentage cases. Registering an Office of Recovery Services (ORS) Support Order Utah Child Support Act, Utah Code 78B-12-101 et seq. Introduction This page explains what child support is, when it is established and how it is calculated. Are you looking for information on how to filee a Custody Case instead? Establishing child support may be part of a case for divorce, separate maintenance, temporary separation, annulment, parentage or child welfare. Depending on the type of case, a support order may be entered by a district court or a juvenile court. The Utah Office of Recovery Services (ORS) may issue administrative orders concerning child support outside of court. Child Support Required Parents have a legal duty to support their minor children. Unless a minor is emancipated , child support continues until the child is 18 or has completed high school, whichever is later. Child support is for the use and benefit of the child. In some cases, the court may order child support to continue after age 18 for a disabled child who remains a dependent. Utah Code 78B-12-105(1) . Income and Overnights Child support is calculated using the gross monthly income of both parents and the number of overnights the child spends in each household. Income Parents are required to provide the court with proof that their current income matches the income used in the support calculator. This can include year-to-date pay stubs or employer statements and complete copies of tax returns from at least the most recent year. Utah Code 78B-12-201(1) and 78B-12-203(5)(b) . If this proof is not reasonably available, parties can file a Declaration of Other Party's Earnings explaining their income. The Declaration form is available in the Forms section below. Even if the parent is not working, income may be imputed to that parent. This means the court will assume a parent is capable of earning a certain amount of money each month. Imputed income is usually based on working a 40-hour work week. The amount imputed will depend on various factors including the parent's work history and employment opportunities. If a parent has no recent work history or a parent's occupation is unknown, that parent may be imputed an income at the federal minimum wage for a 40-hour work week. Utah Code 78B-12-203 . For the court to accept that a party is not earning any income, the court is required to evaluate the party's employment potential and probable earnings based on work history, occupation qualifications, and prevailing earnings for people of similar backgrounds in the community. Utah Code 78B-12-203(8)(b) . However, income will not be imputed if any of the following conditions exist and the condition is not temporary: the reasonable costs of child care for the parents' minor children approach or equal the amount of income the custodial parent can earn; a parent is physically or mentally unable to earn minimum wage; a parent is engaged in career or occupational training to establish basic job skills; or unusual emotional or physical needs of a child require the custodial parent's presence in the home. UCA 78B-12-203(8)(d) . Overnights and Physical Custody The number of overnights a child spends in each parent's home will also affect child support. There are three basic possibilities: The child spends at least 111 nights a year in the home of each parent. This is called joint physical custody. The child spends over 225 nights a year in the home of one parent. This is called sole physical custody. There are multiple children and some live with one parent and some live with the other parent. This is called split custody. For more information see our page on Custody . Calculating child support Utah law establishes Child Support Guidelines to calculate a parent's child support obligation. The guidelines have three components: Base child support Medical care Child care expenses The guidelines rely on tables to calculate the total support amount. The total support amount is shared by the parents, in porportion to their incomes. The non-custodial parent pays child support to the custodial parent. The tables are in Utah Code Title 78B, Chapter 12, Part 3 . If you are preparing papers for a divorce, custody or parentage case, the Online Court Assistance Program (OCAP) will calculate child support for you and prepare Child Support Worksheets. For other case types you can use the Child Support Calculator or the fill-in-the-blank forms in the forms section below . Be sure to allow pop-ups in your web browser for both of these tools. Medical expenses and child care expenses If a health insurance policy is reasonably available, the cost of the minor children's portion of the premium is shared equally by the parents, as is the cost of any non-insured medical expenses, including deductibles and co-payments. Parents are also required to share work-related child-care expenses equally. Award of tax exemption for dependent children A child support order can establish which parent can claim the child as a dependent for federal and state income tax purposes. Unless the parties agree who can claim the tax exemption, the court will award the exemption. The court will consider as the primary factor the relative contribution of each parent to the cost of raising the child, and among other factors, the relative tax benefit to each parent. The court may not award an exemption to a parent unless the award will result in a tax benefit to that parent. The court may not award an exemption to the non-custodial parent if that parent is not current in their child support payments. If both parents try to claim the child as a dependent in the same tax year, the Internal Revenue Service will ask the parents for an explanation and may impose penalties. Deviating from the child support guidelines Generally, child support is set according to the guidelines. The court can order a different amount if one (or both) of the parties asks for a different amount and shows good reasons for the amount requested. If there are good reasons not to follow the guidelines, the court's worksheets and calculator will not apply. See Utah Code Section 78B-12-202 and Section 78B-12-210 . Paying and collecting child support Court orders govern how and when the child support payments are made. For example, the court may enter an order requiring a non-custodial parent to make arrangements with their employer to withhold the child support amount from the parent's earnings, unless the parties agree to another method of payment. Child support payments may be made between the parties or through the Office of Recovery Services (ORS). ORS also helps establish and enforce financial and medical support for children. More information is available at Office of Recovery Services - Child Support Enforcing a child support order All parties must obey court orders. Custodial parents may not withhold parent time, even if child support is not being paid. A parent may not withhold child support even if parent time is being denied. If a party does not obey a court order, the other party may file a motion asking the court to enforce the order. The enforcement order can include a judgment for money owed. The court may also find a party in contempt of court and order the party to pay a fine or serve time in jail. For information and forms, see our page on Motion to Enforce Order . Modifying a child support order Either parent can ask the court to increase or decrease the child support obligation, if there have been significant changes in income or in other circumstances since the support order was entered. For information and forms, see our page on Modifying Child Support . Registering a foreign order Before an order from another state can be enforced or modified it first must be registered in Utah. For information and forms, see our page on Registering a Foreign Order . Forms Child Support Worksheets Use the Child Support Calculator to prepare child support worksheets suitable for filing. 1929FA 1928FA 1927FA 1023FA Other Forms 1004FA To be used by either party to tell the court what they know about how much money the other party earns |
Debt Division Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Division of debts from a marriage Money questions in divorce can be tricky. And hard to change once the court signs a decree. You may want a licensed professional to look at your papers before you file. See our Finding Legal Help page to learn more. How are debts divided in divorce? Generally: If you and your spouse agree on dividing debts, the court will include your agreement in the divorce decree If you cannot agree, the court will try to divide debts fairly If a debt is tied to property (like a car loan), the person keeping the property pays the debt You and your spouse share responsibility for debts taken on together for the family You are not responsible for your spouse's personal debts unless you agreed to pay What a divorce decree dividing debt means A court order dividing debt is only binding for you and your spouse, except for medical debts for children. Creditors don't have to follow the court order on dividing joint debts. This means if your spouse doesn't pay a debt they're supposed to, the creditor can seek payment from you. If you pay the debt, you could get reimbursed from your ex by filing a Motion to Enforce Order . A creditor must follow the court order on medical debts for children if given a copy. Utah Code Section 15-4-6.5 and Section 15-4-6.7 govern the division of marital debts. |
Default Judgments Page Menu Related Information Answering a Complaint or Petition Filing Procedures Finding Legal Help Flowchart of the Service Member Attorney Volunteer Program - PDF Going to Court Lawsuits Involving Military Service Members Mediation Rule of Civil Procedure 55. Default. Service Member Attorney Volunteers Serving Papers What is a default judgment? Default means a party has not done what is required of them in the time allowed. For example, a defendant (or respondent) did not file an answer to a complaint within the required time, or a plaintiff (or petitioner) did not answer a counterclaim within the required time. A default judgment is the court order entered against the party who defaulted. Steps in the default judgment process These are the steps to ask for a default judgment: Step 1 - Serve the other party with the complaint and summons Have the other party served the complaint or petition and a summons . The summons requires the other party to answer the complaint or petition within a certain amount of time. You must have the documents served correctly or the court might not process your default papers. Utah Rule of Civil Procedure 4 . Step 2 – Wait for the other party to respond The other party has a limited amount of time to respond by filing an answer (or another document) with the court. They must also deliver a copy to you. If the other party is served in Utah, they have 21 days from when they were served to answer. If the other party is served outside Utah, they have 30 days to answer. If the case is for eviction the defendant has 3 days to answer. Step 3 - File the required forms with the court to ask for a default judgment If the other party has not filed an answer or other responsive pleading within the time allowed, file the required forms to ask for a default judgment: 1350GE Do not sign – the court signs. 1351GE 1352GE People in military service have special protections against default judgments in civil cases. Military service means: active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard, or called to active service in the reserves or National Guard, or active service of a commissioned officer of the Public Health Service or National Oceanic and Atmospheric Administration. 50 U.S.C. §3911 . You can verify an individual's military status by visiting the SCRA website . If the other party is in military service or you do not know, the process will be different. For more information, see our page on Lawsuits Involving Military Service Members . 1353GE Request to Submit for Decision Findings of Fact and Conclusions of Law This must match the complaint or petition. If you are using a court form, use the form and follow the instructions provided in that section of the website. Order, decree or judgment This must match the complaint or petition. If you are using a court form, use the form and follow the instructions provided in that section of the website. The order submitted to the court for the judge's signature must match the complaint (or petition) exactly. The judge cannot make any findings or order anything not requested in the complaint (or petition). Step 4 – Notify the defaulted party of the judgment After the judge signs the order or judgment, serve a copy of it and a Notice of Judgment on the other parties in the case, including the defaulting party. Small Claims Everything on this web page also applies in small claims cases, except that in small claims cases the defendant does not file an answer. The defendant defaults by not appearing at the trial. In small claims cases, the plaintiff can bring the forms to ask for a default judgment to the trial, to be ready in case the defendant does not appear. The plaintiff can also file the forms to ask for a default judgment after the trial date. Asking to set aside a default or judgment A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default, judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made. A military service member has special rights to set aside a default judgment. See the Motion to Set Aside Default or Judgment web page for more information and forms. Forms Information about filing documents in existing cases by email The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance Required Forms 1350FA 1352FA 1353FA 1351FA Findings of Fact, Conclusions of Law and Order (This must match the complaint or petition. If you are using a court form, use the form and follow the instructions provided in that section of the website.) 1110FA 1354FA Optional forms Proof of Service If you have not already filed proof of proper service with the court. Military Service Declaration and Order 1352GE 1353GE Something else Required Forms 1350GE 1352GE 1353GE 1351GE Findings of Fact, Conclusions of Law and Order (This must match the complaint or petition. If you are using a court form, use the form and follow the instructions provided in that section of the website.) 1110GE 1354GE Optional forms Proof of Service If you have not already filed proof of proper service with the court. Military Service Declaration and Order 1352GE 1353GE |
Domestic Relations Injunction Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Utah Rule of Civil Procedure 109 Serving Papers Domestic Relations Injunction When someone files a divorce, annulment, temporary separation, custody, parent time, support, or paternity case, the court will automatically enter an injunction in the case. This includes a request to modify an order in one of these cases. Generally, an "injunction" is a court order that requires parties to do something or not do something. The domestic relations injunction tells parties what they may not do while the case is underway. Utah Rule of Civil Procedure 109 Get a copy of the injunction to the other party The person starting the case must get a copy of the injunction to the other party. The injunction is not binding on the other party until they receive it. Prohibited actions In all cases The injunction orders both parties not to: harass, intimidate or disturb the peace of the other party, by any means, including electronically. commit domestic violence or abuse against the other party or a child. use the other party's name, likeness, image, or identification to get credit, open an account for service, or obtain a service. cancel or interfere with telephone, utility, or other services used by the other party. cancel, modify, terminate, change the beneficiary, or allowing to lapse for voluntary nonpayment of premiums (without the written consent of the other party or with permission of the court) any policy of: health insurance, homeowner's or renter's insurance, automobile insurance, or life insurance Cases involving the division of real estate, personal property or debts If the petition involves the division of real estate, personal property or debts, the parties must not transfer, encumber, conceal, or dispose of their property or the other party's property unless: they have the written consent of the other party or they have a court order except in the usual course of business or to provide for basic necessities. Cases involving minor children If the case involves minor children the parties must not: Take the children on non-routine travel unless: they have the written consent of the other party or they have a court order, or the following information has been provided to the other party: an itinerary of travel dates and destinations; how to contact the children or traveling party; and the name and telephone number of an available third person who will know the children's location. In the presence or hearing of the children: demean or disparage (talk badly about) the other party; attempt to influence the children's preference regarding custody or parent time; or say or do anything that would negatively affect the love and affection of the children for the other party, or involve the children in the issues of the petition. Make parent time arrangements through the children. When the children are under a party's care, that party must use best efforts to prevent others from doing anything described above, and if necessary remove the children from the situation. When the injunction is effective The domestic relations injunction is binding: for the petitioner when the petition is filed. for the respondent when they receive a copy of the injunction. How long the injunction lasts The domestic relations injunction is in effect until: the final decree is entered, the petition is dismissed, the parties otherwise agree in a writing signed by all parties, or the court orders otherwise. Asking to modify or dissolve the injunction A party may ask to modify or dissolve the domestic relations injunction by filing a motion . The motion will be decided as quickly as possible if it is filed before an answer to the petition or other responsive pleading is filed. The moving party must serve the nonmoving party at least 48 hours before a hearing. If the motion is filed after a responsive pleading is filed, Utah Rule of Civil Procedure 7 or Rule 101 apply. Conflicting orders If there is another order with conflicting provisions governing the parties or their minor children (such as a protective order), the parties must comply with the provisions of the other order. Forms 1900FA |
Finding Legal Help Page Menu Related Information Agencies and Organizations Changing Lawyers LawHelp.Org Legal Clinics Legal Research Licensed Lawyer Self-Help Center You have options when you are facing a lawsuit. You can: See if you qualify for a court appointed lawyer Look for free legal options Hire a private lawyer Hire a licensed paralegal practitioner Represent yourself Lawyers A lawyer (sometimes called an attorney) is a professionally trained and licensed person who helps people with legal problems. They advise people about their legal rights and options, prepare legal documents and represent people in courts and government agencies. Do you qualify for a court appointed lawyer? Most people do NOT get a court appointed lawyer. A court appointed lawyer represents you throughout your case for free. Answer the question to see if you qualify for one. What is your case about? A criminal offense. I am facing possible jail time I am an adult You may qualify for a free lawyer if you meet the income requirements. Fill out a Declaration of Financial Status (Criminal) 1001CR and bring it to your court hearing I am a minor (I am less than 18 years old) facing arrest or detention under Utah Code 78A-6-103 or being charged with a crime You may qualify for a free lawyer. Ask for one at your court hearing I am a parent being sued I am being sued under Utah Code 78A-6-450 You may qualify for a free lawyer if you meet the income requirements. Fill out a Declaration of Financial Status - 1200JU and bring it to your court hearing I am being sued for abuse, neglect, or dependency You may qualify for a free lawyer if you meet the income requirements. Fill out a Declaration of Financial Status - 1200JU and bring it to your court hearing I am being sued for termination of my parental rights You may qualify for a free lawyer if you meet the income requirements. Fill out a Declaration of Financial Status - 1200JU and bring it to your court hearing Someone is suing to terminate my parental rights You may qualify for a free lawyer if you meet the income requirements. Fill out a Declaration of Financial Status - 1200JU and bring it to your court hearing I am a parent and someone has filed a case to adopt my child ou may qualify for a free lawyer if you meet the income requirements. Fill out a Declaration of Financial Status (Criminal) - 1001CR and file it along with your Motion to Intervene I am appealing a conviction or final judgment in one of the cases listed above You may qualify for a free lawyer. If you were appointed a free lawyer in your case, you have the right to a lawyer to help you with your appeal. I am an adult. Someone is suing to become my guardian or conservator If you don’t have a lawyer, the court will appoint one for you. Lawyers are volunteers. If the court can’t find a volunteer to represent you then you might have to proceed without a lawyer. Something else You do not qualify for a free lawyer. You still have options. You can: Look for free legal options , Hire a private lawyer Hire a licensed paralegal practitioner Represent yourself Utah Code 78B-22-201 and Utah Code 78B-22-102 (8)(a) Free Legal Options Some courts have "pro se" ("pro say") calendars where lawyers represent people for free at court hearings. But there are some limitations: Help is limited to the hearing - after the hearing you will represent yourself You must already have an open case and be scheduled for a hearing on the pro se calendar Help is only for a few types of cases and at a few court locations Look at the list of Utah Pro Se Calendars to see if your case qualifies. If you qualify, attend the hearing and follow any instructions to get help. There are some agencies that will represent you for free even if you are not entitled to a court-appointed lawyer. All of these organizations have restrictions on how much help they can provide, and many limit their help based on your income. See the Agencies and Organizations web page for more information. There are also some agencies that will offer free advice, but not representation. Some of them also have income limits. See the Legal Clinics web page for more information. Finding a Lawyer Lawyer Directories Use one of these directories to find a lawyer, or ask friends and family to recommend a lawyer. Court staff cannot recommend lawyers. Utah State Bar's lawyer directory to search for lawyers by area of practice. Other Ways to Hire a Lawyer Many people think they can't afford to hire a lawyer. Here are two options provided by the Utah State Bar that may help: Modest Means Lawyer Referral Program The Utah State Bar's Modest Means Lawyer Referral Program provides access to legal representation for people whose income is too high to qualify for free legal services, but too low to pay a lawyer's standard rate. In order to qualify you must fall below the income guidelines. See their webpage for program information. Limited Legal Help Limited legal help, also known as "limited scope legal representation" or "unbundled services" is an agreement between a lawyer and client that the lawyer will provide specific services for a predetermined fee. For example, the lawyer and client could agree that the lawyer: will only advise the client about the strength of the case, or help draft a document, or review a document the client has drafted, or coach the client for a negotiation, or help with the discovery process, or coach the client for a hearing, or appear in court on behalf of the client for one hearing only, or any combination of these kinds of services You can find lawyers willing to provide limited legal help by using the Utah State Bar's directory . Choose Search by Legal Category, then choose Payment Options and Unbundled Services. You can also find information on free legal clinics where you can talk to a volunteer lawyer for free to receive limited advice. The Utah State Bar's Overview of Public Service Programs, Information, and Resources web page has more information about working with lawyers. Sliding Scale Fees and Other Options Some lawyers charge a sliding scale fee based on your income. This means how much you pay depends on how much you earn. Some lawyers will also provide a free consultation. Others will charge a flat fee for services. You can search for lawyers by payment options using the Utah State Bar's directory . Choose Search by Legal Category, then choose Payment Options and search options you want. Complaints About Lawyers The Utah State Bar's Consumer Assistance Program is designed to help resolve conflicts between clients and their lawyers or paralegals. This program also allows you to file a complaint against a legal professional besides your own. The Bar also offers a Fee Dispute Resolution Program to work out fee disputes between clients and their lawyers or licensed paralegal practitioner. If you want to file a formal complaint against a lawyer or licensed paralegal professional you can contact the Office of Professional Conduct . Unauthorized Practice of Law Only lawyers and Licensed Paralegal Practitioners licensed by the Utah State Bar can practice law in Utah. Paralegals, notarios, immigration consultants and others may not give legal advice or otherwise practice law unless they are licensed lawyers or Licensed Paralegal Practitioners. You can use the Utah State Bar's directory to see if someone is a licensed Utah lawyer or Licensed Paralegal Practitioner. Supreme Court Rule of Professional Practice 14-802 defines the practice of law. The rule also says that giving clerical help to fill out court forms is not the practice of law if no fee is charged. If you believe someone is practicing law without a license, you can report them to the Utah State Bar. For more information, see the Utah State Bar's Unauthorized Practice of Law web page . Licensed Paralegal Practitioner A licensed paralegal practitioner (LPP) is a professionally trained and licensed person who helps people with legal problems. They advise people about their legal rights and options and prepare legal documents in debt collection, family law and landlord-tenant cases. You can read more about what LPPs can and cannot help with on our Licensed Paralegal Practitioner page . You can look for an LPP using the Utah State Bar's directory . Click the option for Licensed Paralegal Practitioners. You can ask if your LPP is willing to provide unbundled services, free consultations, a flat fee or other options. Representing Yourself If you do not qualify for a lawyer or cannot afford one you can try representing yourself using these resources. Web Resources The Utah courts have a comprehensive library of self-help resources on a variety of topics. Visit the Self-Help Resources page to look for information or forms. The Utah courts also have an online document preparation tool called the Online Court Assistance Program (OCAP) you can use to prepares papers in some kinds of cases. Law Libraries Law libraries have print and online resources including statutes, regulations, court rules, and court decisions, as well as legal encyclopedias, form books, and books about specific areas of law. Most law books are written for legal professionals, but some books are written for non-lawyers. Law library staff can't give you legal advice, but they can show you how to use their resources. Utah State Law Library : Matheson Courthouse, 450 South State Street, Salt Lake City. 801-238-7990. James E. Faust Law Library : 383 South University Street, University of Utah, Salt Lake City. 801-581-6184. Howard W. Hunter Law Library : Brigham Young University, J. Reuben Clark Law School, Provo. 801-422-3593. Self-Help Center The Utah State Courts' Self-Help Center provides free legal help to people who do not have a lawyer. The Self-Help Center provides information to help you understand your rights and responsibilities, and to help you resolve your legal problems on your own if you cannot afford a lawyer or if you choose not to hire one. Services are available statewide. |
Going to Court Page Menu Related Information Appeals Court Calendar Court Directory Interpreters Notice of Pronouns Request for Transcript Rules of Evidence Subpoenas Summary of Civil Procedures Summary of Criminal Procedures Introduction Proceedings in the courtroom are called "hearings," and that can include trials and conferences. We offer these suggestions to prepare for your day in court and to present your claim or defense. These suggestions apply in the district court, juvenile court, and justice court. Appellate court hearings are quite different. For more information on appellate procedures, see our webpage on Appeals . These suggestions apply regardless of the type of hearing, be it a trial, a hearing on a motion, or some other matter. These suggestions are not intended to describe any particular hearing. For example, a trial is quite different from a hearing on a motion. This page does not describe those differences. Preparing for Your Hearing Observe another hearing Try to observe another court hearing before your hearing. You will become more familiar with procedures and you will be better prepared to present your case. It is especially helpful to observe the judge who will be hearing your case. Try to observe a hearing that is similar to your type of hearing. Know when your case will be heard To see the schedule for your case before you go to court, see our webpage for the court calendar . Select the court in which your case will be heard. The list you see is organized first by date and then by judge. You can use the scroll bar to look for your case. Enter your last name or the case number to reach your information more quickly. ADA Accommodation If you need an accommodation, including an ASL interpreter, contact court staff immediately to ask for an accommodation. Reasonable accommodation of a disability is free. For more information, see the Accessibility Information web page . Interpreters If you do not speak English, the court will provide a free court interpreter for you. If you are involved in a court proceeding, court-annexed mediation, or mandatory court program, you have the right to an interpreter. The court will also provide a free interpreter if you are a victim, witness, or parents/guardians of a minor involved in a court proceeding. If you think the court may not be aware that you need an interpreter, contact the interpreter coordinator at least 3 days in advance of your court hearing. You can find the list of interpreter coordinators at https://www.utcourts.gov/resources/interp/coordinators.html . You cannot be required to arrange for your own court interpreter. Please note, the court will not provide or pay for an interpreter for communication with your attorney outside of court unless approved by the judge or commissioner. Do not be distracted Plan to be at court for several hours. Do not schedule anything else. Do not bring children to court unless they are part of the hearing. Turn off your phone and pager. Know where you are going Find out how to get to the courthouse and where to park to make sure that you are on time. For maps to the courthouses in Utah, see our webpage on Court Directory . (Click on the Judicial District or County in which the court is located, and then click on "View Map" under each court listed.) Evidence 1 Collect all documents, photographs and other evidence necessary to prove your claim or defense or the case may be decided against you for lack of proof. Have at least 4 copies of documents and photos: one for the witness; one for the judge; one for the other party; and one to keep. The Rules of Evidence govern how and when evidence may be presented in court. In small claims cases, the Rules of Evidence are not strictly enforced. The judge may receive the type of evidence commonly relied upon by reasonably prudent persons in the conduct of their business affairs. The judge may allow hearsay that is probative, trustworthy and credible. Rule of Small Claims Procedure 7 . Evidence may be offered through the statements of witnesses, who may be any person with knowledge of the relevant facts. If the witness might not appear voluntarily, you can serve that person with a subpoena. A subpoena orders the witness to appear. For more information, see our webpage on Subpoenas . Evidence may be offered through documents, such as business records, pay stubs, appraisals, invoices, cancelled checks and bank statements. Evidence may be offered through photographs, such as photographs of the damage to a vehicle or of unsanitary conditions in an apartment. Your Day in Court Be professional Dress appropriately in clothes that you would wear for an important occasion, such as a job interview. Evidence 2 Bring to the hearing all witnesses, documents, photographs and other evidence to prove your claim or defense. Have at least 4 copies of documents and photos: one for the witness; one for the judge; one for the other party; and one to keep. Who can represent you? You may bring someone to give you support, but in most cases no one except you or your lawyer may speak for you. In small claims cases, you may represent yourself or you may be represented a lawyer, by an employee, or, with the approval of the judge, by any person who is not being paid for the representation. Rule of Small Claims Procedure 13 . Arrive early 30 minutes or more. This will allow you time to go through security, find your courtroom, and talk with your attorney or witnesses. There is nowhere to check personal belongings so don't bring any items that may be confiscated by security. Security Most courthouse entrances have airport-type security, so do not bring weapons. Do not bring contraband. To pass through security more quickly, do not carry metal items on your person. Court calendar Most courthouses have several courtrooms. Check the court calendar to identify your courtroom. There is usually a calendar posted outside your courtroom or on a table inside the door. Or ask a court clerk. If your case is not on the calendar, ask the judge's clerk to check on it for you. Taking your turn 1 Take a seat in the back of the courtroom before the hearing time and wait for your case to be called. You may need to wait for some time. Turn off your phone and pager. Do not distract others while you are waiting. Presenting Your Claim or Defense Taking your turn 2 When your case is called, stand and identify yourself. The judge might hear your case at that time or might finish calling the other cases on the calendar. When the judge says that it is time to hear your case, walk to one of the tables in the front of the courtroom. If you have questions about where to stand, ask the judge or bailiff for instructions. Judges and judicial officers Many divorces and other family law hearings are conducted by court commissioners. A commissioner is a court officer appointed by the judges of that court. Commissioners have almost all of the authority of a judge. Many small claims hearings are conducted by judges pro tempore. A judge pro tempore is a volunteer lawyer who has been appointed by the Utah Supreme Court to hear and determine small claims cases. A judge pro tempore also has almost all of the authority of a judge. The suggestions offered here apply equally to hearings conducted by judges, court commissioners and judges pro tempore. And all of these officers of the court have all of the authority needed to decide your case. Taking your turn 3 The party who is asking the court to do something goes first. Then the judge will allow the other side to respond. Sometimes the judge will then give each party a second chance. Evidence 3 Some judges will ask questions of witnesses to find out the important facts. Other judges will rely on the parties to know what is important and to ask their own questions. A party has the right to examine and cross-examine witnesses, but some judges in some hearings will allow a party to "proffer" evidence. In a proffer of evidence, the party can tell the judge - in a narrative statement - what the witness would say if called to testify. To proffer evidence the witness must be immediately available to testify. Evidence 4 If you want the judge to see a written document or some other piece of evidence, first ask the judge if you can present it to the judge and the opposing party. The bailiff may help you distribute the evidence if necessary. Be professional 2 Stand when you are speaking, and speak only when the judge tells you to. Unless you are questioning a witness, speak only to the judge. Address the judge as "Your Honor." Do not speak to the opposing party or others in the courtroom. You may feel nervous about talking. That is normal and to be expected. Just tell the judge what happened and explain what you want the judge to do. Be professional 3 When other people are talking, wait for them to finish. Do not interrupt. When you are asked questions, tell the truth. Speak clearly. Give complete answers. If you don't understand a question, say "I don't understand." Instruct your witnesses to do the same. Be professional 4 This may be your only opportunity to speak to the judge. Be clear and direct when you have something to say, but also be courteous and respectful. Do not roll your eyes. Do not "harrumph." Do not throw your pencil on the table. Do not argue with the other party, the witnesses or the judge. Do not insult them or call them names. Instruct your witnesses to do the same. These simple courtesies cost you nothing and will gain the judge's respect. The decision The judge might announce a decision at the end of the hearing or issue a written decision later. Call the judge's clerk if you have not received a written decision within 60 days. Listen to or read the decision carefully. It will include the result and the reasons for the result. Pay attention. The judge may direct you to prepare an order conforming to the decision for the judge to sign. Know what happens next Before you leave the courtroom make sure that you know what to do next. Do you need to come back for another hearing? Do you need to prepare a written legal argument or court order? Ask questions if you do not understand what will happen next or whether you are supposed to do something. Record of the Hearing You cannot record the hearing. If you want to listen to the hearing afterward, you may buy a CD at the court where the hearing was held. To find the contact information for your court, see our webpage on Court Directory . You may also buy a written transcript of the hearing by ordering it on our webpage Request for Transcript . Dramatized Presentations A short video of pointers for presenting your case. The video focuses on the juvenile court and contains some information that is relevant only for lawyers. However, most of the points are universal. Courtroom Etiquette Video - Video Photos and Text. Law school students at the S. J. Quinney College of Law at the University of Utah have prepared documents that dramatize some of the points made here. Introduction - PDF The Courthouse - PDF The Courtroom - PDF Your Case is Called - PDF |
How to get a Temporary Order Page Menu Related Information Application for Temporary Restraining Order Child Custody Child Support Divorce Fees Fee Waiver Filing Procedures Financial Declaration Finding an Attorney Forms and Instructions Free Legal Clinics Going to Court Interpreters Non-public Records Custody Cases Parenting Plans Parent-time Rules of Civil Procedure Serving Papers Motion for Temporary Order A temporary order can say who will have child custody, parent time and who must pay child support. It can also talk about alimony, property distribution, attorney fees and other issues in a divorce or custody case. You must follow the temporary order until it is changed or until there is final judgment. You can file a Motion for Temporary Order may with the petition for divorce or the petition to for custody. You can also file it after the case has already started. You cannot file a Motion for Temporary Order if no petition for divorce or petition to for custody has also been filed. Are you filing a Motion for Temporary Order in case modifying an existing decree? You can file a Motion for Temporary Order with or after you file a petition to modify a divorce or custody decree. The court can give new orders about child support. If you want to modify custody or parent time, you must show that the temporary order is needed to address immediate and irreparable harm or to confirm changes made by the parties, provided that the modification serves the best interests of the child. Rule of Civil Procedure 106 Requirements Depending on what you are asking for in your motion, you might have to file other papers. Use the chart below to see what else you need to file. If you are asking for... You need to... custory or parent-time in a divorce case take the divorce orientation and education classes and file your certificates of attendance custory or parent-time in a custody or temporary separation case take the divorce orientation class and file your certificate of attendance joint legal or joint physical custody file a Parenting Plan with your motion any money to be paid to you, like alimony or child support file a Financial Declaration with your motion and a child support worksheet if you are asking for child support Will your motion be decided by a judge or commissioner? Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion. If you already know, 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, look at the caption of the complaint or petition. You can also answer the questions below. Do you have a family law case? Yes If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question. No Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. Was your case filed in the 1st, 2nd, 3rd, or 4th district? Yes If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, 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, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. I don't know If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party." Aftere you fill out the motion, 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, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion. Are you filing exhibits with your motion? If yes, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and attend the hearing If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below. Documents Who Files Time to File and Serve Motion Moving party Serve at least 28 days before the hearing Memorandum Opposing the Motion Responding party At least 14 days before the hearing Reply Memorandum Supporting the Motion Moving party At least 7 days before the hearing Counter Motion Documents Who Files Time to File and Serve Counter Motion (must be served with Memorandum Opposing the Motion Responding party At least 14 days before the hearing Memorandum Opposing the Counter Motion Original moving party At least 7 days before the hearing Reply Memorandum Supporting the Counter Motion Responding party At least 3 business days before the hearing How to File a Motion Decided by a Judge 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, 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, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Whatever happens, 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, be sure to attend. See our page on Going to Court for more information. The chart below has more information when papers should be filed. Documents Who Files Time to File and Serve Motion Moving party Memorandum Opposing the Motion Responding party Within 14 days after the the moving party files and serves the motion Reply Memorandum Supporting Motion Moving party Within 7 days after the responding party files and serves the Memorandum Opposing the Motion Request to Submit for Decision Moving party After the last document in this list is filed, 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 Responding to a Motion for Temporary Order If you oppose the other party's Motion for a Temporary Order, you havee to file your own motion if you want to ask for something different. Decide whether you agree with the motion filed by the other party. If you agree with the motion, work with the other party to complete and file a Stipulation. If you oppose the motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents. Pay attention to the Requirements section above - you might need to file other papers with your motion. Forms Information about filing documents in existing cases by email Forms for Motion for Temporary Order Decided by a Commissioner ( Judicial Districts 1 through 4 ) Required forms for the moving party Motion: 1101.8FA 1102.8FA 1111FA Order: 1103FA 1924FA Optional forms for the moving party Financial Declaration Required if you are asking for money, such as temporary child support or temporary spousal support. Parenting Plan Required if you are asking for joint legal and/or physical custody. Standard Parent-Time Schedule Children 5 - 18 ( Utah Code Section 30-3-35 ) Standard Parent-Time Schedule Children under 5 ( Utah Code Section 30-3-35.5 ) Parent-Time Schedule Children 5-18 (optional schedule) ( Utah Code Section 30-3-35.1 ) Parent-Time Schedule Children 5-18 (equal parent-time schedule) (Utah Code Section 30-3-35.2) Child Support Obligation Worksheet Required if you are asking for child support. 1105FA Used if the other party agrees with the motion. 1106FA If the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond. 1111FA If a hearing is requested. Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA Used if the opposing party agrees with the motion. Financial Declaration Required if you are asking for money, such as temporary child support or temporary spousal support. Parenting Plan Required if you are asking for joint legal and/or physical custody. Standard Parent-Time Schedule Children 5 - 18 ( Utah Code Section 30-3-35 ) Standard Parent-Time Schedule Children under 5 ( Utah Code Section 30-3-35.5 ) Parent-Time Schedule Children 5-18 (optional schedule) ( Utah Code Section 30-3-35.1 ) Parent-Time Schedule Children 5-18 (equal parent-time schedule) (Utah Code Section 30-3-35.2) Child Support Obligation Worksheet Required if you are asking for child support. Reply to the Statement Opposing the Motion for Temporary Order - PDF | Word If the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond. Forms for Motion for Temporary Order Decided by a Judge ( Judicial Districts 5 through 8 ) Required forms for the moving party Motion: 1926FA 1925FA 1110FA Order: 1103FA 1924FA Optional forms for the moving party Financial Declaration Required if you are asking for money, such as temporary child support or temporary spousal support. Parenting Plan Required if you are asking for joint legal and/or physical custody. Standard Parent-Time Schedule Children 5 - 18 ( Utah Code Section 30-3-35 ) Standard Parent-Time Schedule Children under 5 ( Utah Code Section 30-3-35.5 ) Parent-Time Schedule Children 5-18 (optional schedule) ( Utah Code Section 30-3-35.1 ) Parent-Time Schedule Children 5-18 (equal parent-time schedule) (Utah Code Section 30-3-35.2) Child Support Obligation Worksheet Required if you are asking for child support. 1105FA Used if the other party agrees with the motion. 1106FA If the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond. 1111FA If a hearing is requested. Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA Financial Declaration Required if you are asking for money, such as temporary child support or temporary spousal support. Parenting Plan Required if you are asking for joint legal and/or physical custody. Standard Parent-Time Schedule Children 5 - 18 ( Utah Code Section 30-3-35 ) Standard Parent-Time Schedule Children under 5 ( Utah Code Section 30-3-35.5 ) Parent-Time Schedule Children 5-18 (optional schedule) ( Utah Code Section 30-3-35.1 ) Parent-Time Schedule Children 5-18 (equal parent-time schedule) (Utah Code Section 30-3-35.2) Child Support Obligation Worksheet Required if you are asking for child support. 1106FA If the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond. |
Informal Trial of Support, Custody and Parent-Time Page Menu Related Information Child Custody Child Support Divorce Finding an Attorney Free Legal Clinics Limited Legal Help Mediation Co-parenting Mediators Non-public Information Online Court Assistance Program (OCAP) Custody Cases Parent Coordinator Parenting Plan Statutes - Utah Code Sections 30-3-10.7 to 30-3-10.10 Parent-time Relocation Statute - Utah Code Section 30-3-37 Rule 4-904. Informal trial of support, custody and parent-time. Serving Papers Temporary Orders What happens at an informal trial? In a divorce or custody case, the parties have the right to a formal trial at which the Rules of Evidence apply. However, Rule 4-904 allows the district court, upon the agreement of all parties, to conduct an informal trial at which the Rules of Evidence do not apply. At an informal trial each party will tell their version of events without questioning, cross examination, or objections by the other party or lawyer. The judge, however, may question the parties. The party who bears the burden of proof on an issue (usually the petitioner) goes first and tells the judge his or her desires about child support, child custody and parent-time. That party may present any document or other evidence. Then the party who does not bear the burden of proof on an issue (usually the respondent) has the opportunity to do the same thing. If a minor child is represented, the child, if old enough, or the child's lawyer may also speak to the judge, as can the lawyer for the Office of Recovery Services, if ORS is involved. If there is an expert, the expert's report is entered into evidence as the court's exhibit. Upon request, the expert may be questioned by counsel, parties or the court. Then each party is offered the opportunity to respond to the statements, documents or other evidence of the other party and has the opportunity to make legal arguments. The court will enter an order which has the same force and effect as if entered after a traditional trial. If the order is a final order, it may be appealed on any grounds that do not rely upon the Utah Rules of Evidence. What is not included in an informal trial? An informal trial can resolve child support, child custody and parent-time, but nothing else. The parentage of a child or the divorce itself and any of the other issues within the case, such as alimony, dividing property, dividing debts, and other issues, must be resolved through normal proceedings. This means either a regular trial or a settlement agreement. Forms These forms anticipate the agreement and signature of all parties on a single document. They might be modified to show the agreement and signature of an individual party on separate documents, but all parties must agree before the judge can consider a motion for an informal trial. Checklist - PDF | Word 1225.1FA 1226XX |
Initial Disclosures Page Menu Related Information Disclosure and Discovery Eviction Financial Declaration Finding Legal Help Free Legal Clinics Going to Court Mediation Notice of Event Due Dates Rules of Civil Procedure What is disclosure? All parties in a lawsuit have the opportunity to find out about the strengths and weaknesses of the other parties' case. Disclosure is information that must be given to other parties without being asked for it. Discovery is information that must be given to other parties, but only if they are asked for it. Parties must disclose things that help prove their case or defenses to their case. This includes: information, documents and witnesses. Initial disclosures must be based on the information the parties know or learn after looking into the facts of the case. A party must provide disclosures even if the other party does not. Once the information is disclosed, the parties have a continuing duty to update the information. If a party does not provide information that should have been disclosed, the judge might not allow the party to use that information at trial. This could mean losing the case. Time for initial disclosures The following timelines apply for most cases. Different timelines apply for family law , eviction (unlawful detainer) and probate cases . The plaintiff or petitioner must give initial disclosures within 14 days after service of the first answer. The defendant or respondent must give initial disclosures within 42 days after filing of the first answer to the complaint. There are different requirements for the disclosure of expert witnesses. See URCP 26(a)(4) for details. General disclosure requirements Parties must disclose: Discoverable information A list of the people who know about the case and what they know. This includes people who could provide information to support the case or defenses to the case. Witnesses A list of witnesses they might call who can support of their case, and a summary of what they will say. Documents supporting case Copies of all documents which support their case. Electronically stored information Copies of all electronically stored information (including emails, text messages and social media posts) they have or have control of which support their case. Tangible things All physical object they have or control which support their case. Documents referred to in pleadings Copies of all documents referred to in the complaint, petition or answer. Damages An estimate of damages claimed and copies of documents or other evidence that support or explain the estimate. Agreement to Satisfy, Indemnify, or Reimburse Copies of any agreements where someone else might have to pay the judgment, or reimburse them for the judgment, including insurance. URCP 26(a)(1) . Disclosure requirements in family law cases Parties in these kinds of cases: divorce temporary separation separate maintenance parentage; child custody child support modification of a domestic relations order must disclose all the information listed in the General disclosure requirements section of this page and provide a Financial Declaration to the other party. Both parties must provide the financial declaration within 14 days after filing of the first answer to the complaint. See the Financial Declaration web page for more information about the requirements and forms. URCP 26.1. Disclosure requirements in eviction or unlawful detainer cases Parties in eviction or unlawful detainer cases have different rules. Plaintiff's disclosures - served with summons and complaint When the plaintiff serves summons and complaint the following on the defendant they must also serve: any written rental agreement; the eviction notice that was served; an itemized calculation of rent past due, damages, costs and attorney fees at the time of filing; an explanation of the factual basis for the eviction; and notice to the defendant of the defendant's obligation to serve the disclosures required by URCP 26.3(c). Disclosures required by both parties when the plaintiff asks for an occupancy hearing. If the plaintiff asks for an occupancy hearing under Utah Code section 78B-6-810 , the plaintiff must serve on the defendant, along with the request: any document not yet disclosed that the plaintiff will offer at the hearing; and the name and, if known, the address and telephone number of each fact witness the plaintiff may call at the evidentiary hearing and, except for an adverse party, a summary of the expected testimony. The defendant must serve the required disclosures on the plaintiff no less than 2 days before the hearing. The defendant must serve the disclosures by the method most likely to be promptly received. Disclosures required by both parties when the defendant asks for an occupancy hearing If the defendant asks for an evidentiary hearing under Utah Code section 78B-6-810 , the defendant must serve on the plaintiff, along with the request: any document not yet disclosed that the defendant will offer at the hearing; and the name and, if known, the address and telephone number of each fact witness the defendant may call at the occupancy hearing and a summary of the expected testimony. The plaintiff must serve the required disclosures on the defendant no less than 2 days before the hearing. The plaintiff must serve the disclosures by the method most likely to be promptly received. After the occupancy hearing – pretrial disclosures and objections If the defendant is not evicted at the occupancy hearing and the case goes to trial, other disclosures are required. No later than 14 days before trial, the parties must serve the disclosures required by URCP 26(a)(5)(A) . No later than 7 days before trial, each party must serve and file counter designations of deposition testimony, objections and grounds for the objections to the use of a deposition and to the admissibility of exhibits. For a complete list of initial disclosures required in eviction or wrongful detainer cases, see URCP 26.3 . Disclosure requirements in probate cases If an objection is filed in a guardianship, conservatorship or other probate case, the parties must disclose all the information listed in the General disclosure requirements section of this page, and the following: Guardianship and conservatorship cases any document purporting to nominate a guardian or conservator, including a will, trust, power of attorney, or advance healthcare directive; and a list of less restrictive alternatives to guardianship or conservatorship that the petitioner has explored and ways in which a guardianship or conservatorship of the respondent may be limited. All other probate matters any other document purporting to nominate a personal representative or trustee after death, including wills, trusts, and any amendments to those documents. When the information must be disclosed The documents must be served within 14 days after the objection is filed. Who must be served with the disclosures The parties named in the guardianship, conservatorship or other probate petition and the objection, and anyone who has requested notice. Original documents If there is a dispute about whether an original document (such as a will or a nomination of guardianship) is valid, the person with the original document must allow the other parties in the case to inspect the document. This must happen within 14 days of when the case is referred to mediation. Utah Rule of Civil Procedure 26.4 Disclosure requirements in personal injury cases Parties in a personal injury case must disclose all the information listed in the General disclosure requirements section of this page, and the following: Plaintiff's additional initial disclosures A list of all health care providers who have treated or examined them for the injury, and other related information. A list of all other health care providers who treated or examined them for any reason in the 5 years before the event, and other related information. Their social security number or Medicare health insurance claim number, full name, and date of birth. A description of all disability or income-replacement benefits received (if they are claiming lost wages or lost earning capacity), and other related information. A list of their employers for the 5 years preceding the event (if they are claiming lost wages or lost earning capacity), and other related information. Copies of all bills, statements, or receipts for medical care, prescriptions, or other out-of-pocket expenses incurred as a result of the injury. Copies of all investigative reports prepared by any public official or agency and in the possession of plaintiff or counsel that describe the event. Copies of all written or recorded statements of individuals, in the possession of plaintiff or counsel, regarding the event or the nature or extent of the injury (with some exceptions). Defendant's additional disclosures A statement of the amount of insurance coverage applicable to the claim, including any potential excess coverage, and any deductible, self-insured retention, or reservations of rights, giving the name and address of the insurer. Unless the plaintiff makes a written request for a copy of an entire insurance policy to be disclosed under URCP 26(a)(1)(D) , it is sufficient for the defendant to disclose a copy of the declaration page or coverage sheet for any policy covering the claim. Copies of all investigative reports, prepared by any public official or agency and in the possession of defendant, defendant's insurers, or counsel, that describe the event giving rise to the claim. Except as protected by URCP 26(b)(5) , copies of all written or recorded statements of individuals, in the possession of defendant, defendant's insurers, or counsel, regarding the event giving rise to the claim or the nature or extent of the injury. The information required by Rule 9(l) related to allocation of fault. The plaintiff may move for an order to protect information that is sensitive, confidential and wholly irrelevant to the lawsuit. URCP 37 governs protective orders. Any non-public information may be used only for the purposes of the case, unless otherwise ordered by the judge. For more information and forms, see our page on Non-public Records . URCP 26.2 . Serving the initial disclosures Disclosures can be served by one of the ways allowed under URCP 5. Initial disclosures should not be filed with the court. Instead, file a certificate of service with the court saying you have provided their initial disclosures to the other party. If a party is represented by an attorney, on their attorney instead of the party. If a party is represented by a licensed paralegal practitioner (LPP), on their LPP instead of the other party ( URCP 86 ). Continuing duty to disclose Parties have an ongoing duty to update their disclosures if they learn new information, or find out that their disclosures are incomplete or incorrect in some important way. If this happens, a party must promptly provide the additional or correct information to the other parties in the case. This is called supplemental disclosure. The supplemental disclosure must explain why the additional or correct information was not previously provided. URCP 26(d) . Failure to disclose A party cannot use evidence they failed to disclose at any hearing without a good explanation. A party can also be sanctioned under URCP 37 . Sanctions may include an award of non-disclosed assets to the other party, attorney's fees or other sanctions that the court finds appropriate. Not complying with the disclosure requirements in a family law case does not keep the other party from obtaining a default judgment, proceeding with the case, or seeking other relief from the court. URCP 26.1 . See the Discovery Motions section of the Disclosure and Discovery web page for information about what to do if the other party fails to disclose. Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance 1905FA 1903FA 1904FA 1200FA 1201FA Eviction 1150EV Something else 1200GE 1201GE |
Judicial Recognition of a Relationship as a Marriage Page Menu Related Information Divorce Fees Fee Waiver Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Marriage Mediation Motions OCAP Rules of Civil Procedure Serving Papers Summons Utah Code Section 30-1-4.5. Validity of marriage not solemnized. Introduction This page has forms and information on how to ask the court to recognize your relationship as a marriage. The forms are meant to help you get started, but do not include every possible form you might need. Forms are in the Forms Section below. Many people want to get a "common law marriage." Utah does not have common law marriage. Instead, you can ask the court to recognize your relationship as a marriage even though you never had a marriage ceremony. If the court approves, the partners will be considered to have been married ever since the requirements below have been met. Requirements The person asking for the relationship to be recognized as a marriage (the petitioner) should be ready to show the court that the marriage comes from an agreement between partners who: are of legal age and capable of giving consent are legally capable of entering a solemnized marriage (You can't marry someone you are closely related to – that would prevent you from legally marrying.) have lived together treat each other as though they are married and present themselves to the public so that other people believe they are married. There are time limits to asking for the relationship to be recognized. Paperwork must be filed: during the relationship, or within one year after the relationship ends (one or both partners have died or the partners have separated). Either partner may file the paperwork. A third party, such as next of kin, may also file. Same-Sex Marriage The United States Supreme Court has ruled that same-sex marriages are valid. There are still issues related to this decision that have not been settled. If you have questions about judicial recognition of a same-sex marriage, you might want to get legal advice. See our Finding Legal Help page for more information. Proof of Consent Both parties must have consented or agreed to be married. The petitioner will have to prove this. Here are some things that might help to prove consent: a written agreement witnesses who testify that they were present when the agreement to assume marital responsibilities was made holding joint banking and credit accounts purchasing and jointly owning real estate together one of the parties using the other party's last name filing joint tax returns talking about each other in the presence of third parties as being married and declaring the relationship in documents while living together, such as deeds and wills Whyte v. Blair, 885 P.2d 791, 795 (Utah 1994). If the Court Grants Your Request If the court grants your request it will sign a decree. The decree will recognize your relationship as a marriage. The decree recognizing a relationship as a marriage is the same as getting married. The only advantage of a common law marriage is to formally recognize marriages informally entered into in the past. If there is no reason to "backdate" the marriage, it is cheaper, simpler and faster just to get married. For more information, please see our webpage on Marriage. Reasons to have Your Past Relationship Recognized as a Marriage You may need to have your past relationship recognized as a marriage for a few different reasons. Here are some examples: to get divorced and divide property (There is no need to have your relationship recognized as a marriage for child custody, parent-time or child support. These can be ordered with a petition to establish parentage , but the court cannot decree that the parties are divorced until after it has found that they were married) to claim damages in a wrongful death action to claim insurance benefits, retirement benefits, survivor benefits, or public benefits, or to inherit property Steps in the court process Consider just getting married The court order recognizing a relationship as a marriage is the same as getting married, and the only advantage is to give formal recognition to marriages informally entered into in the past. If there is no reason to "backdate" the marriage, it is cheaper, simpler and faster just to get married. Fill out the documents The petitioner files the forms with the court (forms are available in the Forms section below). Here is a list of the forms you need to start your case and some tips for completing the paperwork: 1158.5XX 1600FA Summons - choose the right one depending on whether the person to be served is in Utah In State - 1015GE Out of State - 1016GE File the documents File in the district court in the county in which you reside. If you are filing this petition with a petition for divorce, file this petition in the same court as the divorce petition. There may be special circumstances that require or allow you to file the petition in another court. If you aren't sure, consider getting legal advice. See our Finding Legal Help page for more information. For information about how to file documents, see our Filing Procedures web page . You must pay a filing fee when you file the papers with the court. If you cannot afford the fees you can ask the judge to waive them. For more information, see our Fees and Fee Waiver web page . Have the documents served Have the other party served with the Petition, Summons, and other documents no later than 120 days after the petition is filed. The documents must be served by one of the methods described in Utah Rule of Civil Procedure 4(d) . You must provide proof of service once service has been completed. For more information about service, see the Serving Papers web page . The other party has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the petition if they disagree with anything it says. For more information, see the Answering a Complaint or Petition web page . The other party's options If the other party… Then… Files an Answer Both parties must provide initial disclosures to one another. See the Initial Disclosures web page . The court may order the parties to try to come to an agreement in mediation. For more information, see the Mediation web page . If you don't settle then you can ask to go to trial. See the Getting Ready for Trial web page for information and forms. Agrees with everything asked for in the Petition before it is filed, or the parties come to an agreement after it is filed. The other party can sign a Stipulation to Enter Judgment and file it with the court. File this along with the Request to Submit for Decision, Findings of Fact and Conclusions of Law, and the Order Does not file an answer If the other party has been properly served and does not file an answer within the time specified in the Summons, then you can ask for a default judgment. This means the petitioner gets what they have asked for, and the other party won't have a chance to tell their side of the story. For more information and forms, see the Default Judgments web page . Combining with a Divorce Case You can file a Petition to Recognize a Relationship as a Marriage together with a divorce petition. See our page on Divorce for information about the divorce process. The court cannot decree that the parties are divorced until after it has found that they were married. If the court does not combine the two cases, either party may file a motion to consolidate. For more information about consolidating cases, see URCP 42 and our webpage on motions . If one or both parties are deceased or incapacitated Things are more complicated if a party to the relationship dies or no longer has the capacity to understand their legal affairs. If a party has died, someone will have to file to become appointed that person's personal representative. Our page on Informal Probate has information on the probate process. If a party no longer has the capacity to understand their legal affairs, someone might have to help them work on the best way to handle their legal affairs. See our Options for Protecting an Adult with Diminished Capacity page for more information. These situations can get complicated. Consider getting legal advice. See our Finding Legal Help page for more information. Forms Forms to ask to Recognize a Relationship as a Marriage Required forms 1158.5XX 1600FA Summons 1015GE 1016GE Proof of Service 1393XX 1601FA 1602FA 1394XX Optional forms 1392XX 1113GE Forms to Respond to the Petition See the Answering a Complaint or Petition web page for information and forms. Asking for Default Judgment See the Default Judgment web page for information and forms. Going to Trial See the Getting Ready for Trial web page for information and forms. |
Modifying Custody Page Menu Related Information Alternative Dispute Resolution (ADR) Child Custody Evaluations Child Support Calculator Child Support Worksheets Domestic Relations Injunction Fees Fee Waiver Filing Procedures Finding an Attorney Free Legal Clinics Going to Court Jurisdiction to Modify a Custody or Parent-time Order (Chart) - PDF Jurisdiction to Modify a Support Order (Chart) - PDF Modifying Child Support Modifying Parent-Time Non-public Records Parenting Plan Parent-time Schedule for Children 5-18 (Utah Code 30-3-35) Parent-time Schedule for Children 5-18 (optional schedule) (Utah Code 30-3-35.1) Parent-time Schedule for Children Under 5 (Utah Code 30-3-35.5) Parent-time Schedule when a Parent Relocates (Utah Code 30-3-37) Registering a Foreign Order Rules of Civil Procedure Rules of Civil Procedure Rule of Civil Procedure 106. Modification of final domestic relations order. Serving Papers Statutes on Child Custody - 30-3-10 Statutes on Child Custody - 30-3-10.1 Statutes on Child Custody - 30-3-10.2 Statutes on Child Custody - 30-3-10.4 Statutes on Parent-time - 30-3-32 Statutes on Parent-time - 30-3-33 Statutes on Parent-time - 30-3-34 Statutes on Parent-time - 30-3-36 Summons Temporary Order Pending Modification. Utah Child Support Act Utah Uniform Deployed Parents Custody, Parent-time, and Visitation Act, Utah Code Section 78B-20-102 et seq. Utah Uniform Interstate Family Support Act Utah Uniform Child Custody Jurisdiction and Enforcement Act Introduction This page includes information and forms for modifying the child custody provisions in an existing divorce, custody or parentage order. Modifying child custody means also modifying child support and parent-time. If your order is from another state or the child or parents live outside of Utah, see the Out of State Issues section. You might only need to modify one aspect of your existing order. If you want to modify only: child support, see the modifying child support web page parent-time, see the modifying parent-time web page If you need to modify your divorce decree for something not related to children, see our page on Modification of a Divorce Decree . Jurisdiction The Utah court must have "jurisdiction" to modify custody. Jurisdiction can be very complex, especially if the controlling order was entered in a state other than Utah or the child or the parents reside in a state other than Utah. Before spending the time and money to modify child custody in a Utah court, make sure that the Utah court, rather than the court of another state, has jurisdiction. For more information, see our chart outlining Jurisdiction to Modify a Custody or Parent-time Order . Custody Orders From Different Courts and in Different Cases Custody orders may be issued by the district court or juvenile court. Modification petitions must be filed in the same court that issued the controlling order. Custody may be established by the court as a separate action or as part of a number of different types of cases, including divorce, annulment, separate maintenance, paternity, protective orders, adoption, neglect and dependency, and termination of parental rights. Many of the laws governing custody are in Utah's divorce statutes even though the parents may never have been married. The modification process Complete the documents Either party can request a modification. The party asking for the modification files the forms in the Forms section below. No matter who is asking for the modification, whoever was the petitioner in the original case is still the petitioner, and whoever was the respondent in the original case is still the respondent. Domestic Relations Injunction When a petition to modify is filed, the court will automatically issue an order called a Domestic Relations Injunction. The injunction is a court order requiring parties not to harass one another, change insurance or beneficiary coverage, transfer property or make non-routine travel with the parties' minor children while the case is pending. There are additional prohibitions in the injunction. Be sure to read it carefully. The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information. File the documents The party asking for the modification must file the documents in the same court that issued the decree. The documents will use the same case number as the decree. For information about how to file documents, see the Filing Procedures web page . The party asking for the modification must pay a filing fee when they file the papers with the court. If they cannot afford the fees they can ask the judge to waive them. For more information, see the Fees and Fee Waiver web page . Have the documents served The party asking for the modification must have the other party served with the petition to modify, summons, and other documents no later than 120 days after the petition is filed. The documents must be served by one of the methods described in Utah Rule of Civil Procedure 4(d) . The party asking for the modification must provide proof of service once service has been completed. For more information about service, see the Serving Papers web page . The other party has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the petition to modify if they disagree with anything stated in the petition. For more information, see the Answering a Complaint or Petition web page . The other party's options If the other party… Then… Files an answer The court will schedule a case management conference. This is a hearing to schedule important dates in your case. This can include dates for: Exchanging financial declarations and initial disclosures Mediation Trial There could be other things to schedule – it depends on how complicated your case is. Utah Rule of Civil Procedure 100A Agrees with everything asked for in the petition before it is filed, or the parties come to an agreement after it is filed. See the Stipulation section below. Does not file an answer If the other party has been properly served and does not file an answer within the time specified in the Summons, the party asking for the modification may ask for a default judgment. This means the party asking for the modification gets what they have asked for, and the other party won't have a chance to tell their side of the story. For more information and forms, see the Default Judgments web page . Stipulation A "stipulation" is a written agreement that shows the parties agree about everything requested in the Petition to Modify. The parties can agree on everything in the Petition to Modify before it is filed. In that case, they can file a stipulated petition. If you are using the forms provided on this web page: Check the "and Stipulation" box on the first page of the Petition. Both parties must sign the Petition. The party asking for the modification signs on the second-to-last page, and the other party signs the last page, in the "Stipulation" section. The parties might come to an agreement after the Petition is filed because the parties mediated or had some other negotiation. If you are using the forms provided on this web page: Fill out a new Petition to Modify. Write "Amended" above "Petition to Modify" on the first page and check the "and Stipulation" box. Both parties must sign the Petition. The party asking for the modification signs on the second-to-last page, and the other party signs the last page, in the "Stipulation" section. Issues when modifying custody A modification case can address issues of paternity, child custody, child support and parent-time. For more information, see these web pages: Child Custody and Parent-time - information about the types of custody, parenting plans and parent relocation. Child Support - information about calculating child support, medical expenses, tax exemptions and collecting support. OCAP will calculate child support based on the child custody arrangement and the income of each parent. Parenting Plans - information about plans for parents to work together to raise their children. Paternity - information about who is the father of the child Temporary order Either party can ask for a temporary order if needed during the modification case if the requirements in Utah Rule of Civil Procedure 106 are met. If the party filing a motion for a temporary order asks for a change in custody or parent-time they must show that the motion seeks to prevent an immediate and irreparable harm or seeks to confirm changes already made by the parties. They must also show that the temporary order will serve the best interests of the children. For more information and forms, see the How to get a Temporary Order web page . Alternative Dispute Resolution (ADR) Before Petitioning to Modify If you have an order of joint legal custody or joint physical custody then most likely your order contains provisions that tell you what type of dispute resolution you and the other parent must try to use before you can petition the court to modify your custody order. For example, your order or your parenting plan may state that the parents must use a professional mediator to try to resolve a parenting or custody dispute before going to court. Use the dispute resolution process described in your order. You may also want to try to resolve any disputes on your own. For more information, see our webpage on Alternative Dispute Resolution . If you are able to resolve your disputes, then you can change your existing order by filing a petition to modify and the other required forms and a stipulation to enter judgment. The forms are in the section on Forms . Material and Substantial Changes If you and the other parent do not stipulate to the modification, the court must do two things: First, it must determine whether there has been a material and substantial change in circumstances since the controlling order was entered. Second, the court must determine whether modifying custody would be an improvement for and in the best interests of the child. If the case is contested, the parties will have to present evidence of both. Examples of material and substantial changes after the controlling custody order may include that the parents have remarried, the parents have moved to new communities, or that the child needs to change schools. Servicemembers and deployment Where one or both parents is a uniformed service member either parent can ask for temporary orders due to deployment. See the Motion for Temporary Order Due to Deployment web page for more information. Out of State Issues Jurisdiction A Utah court must have jurisdiction (power) to modify custody. Utah might not have jurisdiction if: the child or the parents reside in a state other than Utah, or the controlling child custody order was entered in a state other than Utah. Before spending the time and money to modify custody in a Utah court, make sure that Utah has jurisdiction. See the Jurisdiction to Modify a Custody or Parent-Time Order guide for more information. Foreign Order An order from another country or another state is called a "foreign order." A Utah court can modify a custody order from another state if it has jurisdiction . First, the foreign order must be registered and confirmed as a judgment of Utah. See the Registering a Foreign Child Custody or Child Support Order web page for more information and forms. After a Utah court modifies a foreign order, the party filing the Petition or Motion to Modify must notify the court of the state that entered the order and every court in which the order has been registered. Modifying a Child Custody Order From Another State An order from another state is called a foreign order. The first of several conditions that must be met for a Utah court to modify a foreign order is that the foreign order must be registered and confirmed as a judgment of Utah. For more information, see our webpage on Registering a Foreign Order . Forms Forms to ask that child custody be modified Required forms 1158.5XX Petition to Modify Child Custody, Parent-time and Child Support - PDF | Word Summons 1015FA 1016FA Proof of Service Non-public Information 1051GE 1052GE (See the Non-public Information web page for more information) 1905FA (See our Initial Disclosures page for more information) Child support worksheet Proof of income (2 years of tax returns and most recent pay stub) Findings of Fact and Conclusions of Law on Petition - PDF | Word Order on Petition - PDF | Word 1354FA 1134FA Optional forms 1053GE (If a person needs to protect their contact information from the other party) 1921FA (Required if ORS is providing services to either party) Parenting Plan (Required if shared custody is requested) Financial Declaration (If the other party filed an Answer) 1113GE (Used to object to the proposed order or Judgment) Forms to Respond to a Petition to Modify Child Custody Required forms 1008FA Financial Declaration Non-public Information (See Non-public Information web page for more information) 1051GE 1052GE (Required if other party has not provided the information) Optional forms 1053GE (If a person needs to protect their contact information from the other party) Child Support Worksheet (If you disagree with the child support amount the other party requested) Parenting Plan (Required if shared custody is requested) 1113FA (Used to object to the proposed order or Judgment) Asking for Default Judgment See the Default Judgment web page for information and forms. Going to Trial See the Getting Ready for Trial web page for information and forms. |
Modifying Child Support Page Menu Related Information Child Support Calculator Child Support Worksheets Domestic Relations Injunction Fees Fee Waiver Filing Procedures Finding an Attorney Free Legal Clinics Going to Court Modifying Custody Modifying Parent-Time Non-public Records Registering a Foreign Order Rules of Civil Procedure Serving Papers Summons Support Modification Jurisdiction Chart - PDF Uniform Interstate Family Support Act Utah Child Support Act Introduction This page includes information and forms for modifying child support in an existing divorce, custody or parentage order. If your order is from another state or the child or parents live outside of Utah, see the Out of State Issues section below. The forms on this page are only about modifying child support. You might need to modify other aspects of your final order. If you need to: modify child custody, see the modifying child custody web page modify parent-time, see the modifying parent-time web page If you need to modify your divorce decree for something not related to children, see our page on Modification of a Divorce Decree . When You Can Ask to Change Child Support You can only change the amount of child support if the difference in the currently ordered child support amount and the proposed child support amount is at least 10%. You can use the child support calculator to help you determine the new amount. The change cannot be temporary. Temporary means that the change is expected to last less than one year. Motion or Petition? Be sure to use the correct forms. Read this section carefully! There are two ways to ask the court to change child support – a Motion to Adjust and a Petition to Modify. A motion is simpler and usually faster, but can only be used in limited circumstances. Usually, you must file a petition. The documents and procedures are different. Be sure to use the correct forms in the Forms section below. Motion to Adjust Child Support A child support order can be adjusted by motion if it has been three or more years since the order was entered and: there is a difference of 10% or more between the support amount as ordered and the support amount as required under the guidelines; and the difference is not temporary; and the proposed child support amount is consistent with the guidelines. See Utah Code Section 78B-12-210(8) . If any of these things is missing from your case, you must file a Petition to Modify Child Support. Petition to Modify Child Support A child support order can be modified by petition, but there are limitations. The requirements depend on whether it has been at least three years since the order was entered. If it has been three or more years since the order was entered: there must be a difference of 10% or more between the support amount currently ordered and the proposed support amount as required under the guidelines . the proposed child support amount does not have to be consistent with the guidelines in order to file the petition. The change cannot be temporary. See Utah Code Section 78B-12-210(8) . If it has been less than three years since the order was entered, there must be at least a 15% difference between the support amount currently ordered and the proposed support amount required under the guidelines . You must also show that there has been a material change: in custody; or in the relative wealth or assets of the parties; or of 30% or more in the income of a parent; or in the employment potential and ability of a parent to earn; or in the medical needs of the child; or in the legal responsibilities of a parent for the support of others; or in the availability or cost of health care coverage; or in work-related or education-related child care expenses of the payor or the payee of child support; or due to the emancipation of a child. The change cannot be temporary. See Utah Code Section 78B-12-210(9) . A child support order can also be modified by petition at any time if: a child reaches age 18 or is otherwise emancipated; (See Utah Code Section 78B-12-219 ); or there is a material change in the availability, coverage, or reasonableness of cost of health care insurance (See Utah Code Section 78B-12-212 ); or there is a material change in work-related or education-related child care expenses (See Utah Code Section 78B-12-214 ); or there should be a change in child tax exemption award (See Utah Code Section 78B-12-217 ). Process for a Petition to Modify Complete the documents Either party can request a modification. The party asking for the modification files the forms in the Forms section below. No matter who is asking for the modification, whoever was the petitioner in the original case is still the petitioner, and whoever was the respondent in the original case is still the respondent. Domestic Relations Injunction When a petition to modify is filed, the court will automatically issue an order called a Domestic Relations Injunction. The injunction is a court order requiring parties not to harass one another, change insurance or beneficiary coverage, transfer property or make non-routine travel with the parties' minor children while the case is pending. There are additional prohibitions in the injunction. Be sure to read it carefully. The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information. File the documents The party asking for the modification must file the documents in the same court that issued the decree. The documents will use the same case number as the decree. For information about how to file documents, see the Filing Procedures web page . The party asking for the modification must pay a filing fee when they file the papers with the court. If they cannot afford the fees they can ask the judge to waive them. For more information, see the Fees and Fee Waiver web page . Have the documents served The party asking for the modification must have the other party served with the petition to modify, summons, and other documents no later than 120 days after the petition is filed. The documents must be served by one of the methods described in Utah Rule of Civil Procedure 4(d) . The party asking for the modification must provide proof of service once service has been completed. For more information about service, see the Serving Papers web page . The other party has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the petition to modify if they disagree with anything stated in the petition. For more information, see the Answering a Complaint or Petition web page . The other party's options If the other party… Then… Files an answer The court will schedule a case management conference. This is a hearing to schedule important dates in your case. This can include dates for: Exchanging financial declarations and initial disclosures Mediation Trial There could be other things to schedule – it depends on how complicated your case is. Utah Rule of Civil Procedure 100A Agrees with everything asked for in the petition before it is filed, or the parties come to an agreement after it is filed. See the Stipulation section below. Does not file an answer If the other party has been properly served and does not file an answer within the time specified in the Summons, the party asking for the modification may ask for a default judgment. This means the party asking for the modification gets what they have asked for, and the other party won't have a chance to tell their side of the story. For more information and forms, see the Default Judgments web page . Stipulation A "stipulation" is a written agreement that shows the parties agree about everything requested in the Petition to Modify. The parties can agree on everything in the Petition to Modify before it is filed. In that case, they can file a stipulated petition. If you are using the forms provided on this web page: Check the "and Stipulation" box on the first page of the Petition. Both parties must sign the Petition. The party asking for the modification signs on the second-to-last page, and the other party signs the last page, in the "Stipulation" section. The parties might come to an agreement after the Petition is filed because the parties mediated or had some other negotiation. If you are using the forms provided on this web page: Fill out a new Petition to Modify. Write "Amended" above "Petition to Modify" on the first page and check the "and Stipulation" box. Both parties must sign the Petition. The party asking for the modification signs on the second-to-last page, and the other party signs the last page, in the "Stipulation" section. Process for a Motion to Adjust The process for a motion to adjust child support is simpler than the process for a petition to modify child support. The party requesting the change files the motion and has the other party served. Service is required under URCP 4 . For more information about service, see the Serving Papers web page. Will your motion be decided by a judge or commissioner? Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion. If you already know, 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, look at the caption of the complaint or petition. You can also answer the questions below. Do you have a family law case? Yes If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question. No Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. Was your case filed in the 1st, 2nd, 3rd, or 4th district? Yes If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, 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, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. I don't know If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party." Aftere you fill out the motion, 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, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion. Are you filing exhibits with your motion? If yes, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and attend the hearing If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below. Documents Who Files Time to File and Serve Motion Moving party Serve at least 28 days before the hearing Memorandum Opposing the Motion Responding party At least 14 days before the hearing Reply Memorandum Supporting the Motion Moving party At least 7 days before the hearing Counter Motion Documents Who Files Time to File and Serve Counter Motion (must be served with Memorandum Opposing the Motion Responding party At least 14 days before the hearing Memorandum Opposing the Counter Motion Original moving party At least 7 days before the hearing Reply Memorandum Supporting the Counter Motion Responding party At least 3 business days before the hearing How to File a Motion Decided by a Judge 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, 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, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Whatever happens, 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, be sure to attend. See our page on Going to Court for more information. The chart below has more information when papers should be filed. Documents Who Files Time to File and Serve Motion Moving party Memorandum Opposing the Motion Responding party Within 14 days after the the moving party files and serves the motion Reply Memorandum Supporting Motion Moving party Within 7 days after the responding party files and serves the Memorandum Opposing the Motion Request to Submit for Decision Moving party After the last document in this list is filed, 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 Child Support Guidelines Utah law establishes Child Support Guidelines to calculate a parent's child support obligation. You can use the Child Support Calculator to calculate child support under the guidelines. Be sure to allow pop-ups in your web browser. The court can order a different amount if one or both of the parties asks for a different amount and shows good reasons for the amount requested. For more information about child support see Child Support web page . Failure to Answer A party who fails to answer or otherwise appear after being served with the petition and summons is in default and will lose. A judgment against a non-appearing party is called a default judgment. For more information and forms, see our webpage on Default Judgments . Out of State Issues Jurisdiction A Utah court must have jurisdiction (power) to modify child support. Utah might not have jurisdiction if: the child or the parents reside in a state other than Utah, or the controlling child support order was entered in a state other than Utah. Before spending the time and money to modify child support in a Utah court, make sure that Utah has jurisdiction. See the Support Modification Jurisdiction Chart for more information. Foreign Order An order from another country or another state is called a "foreign order." A Utah court can modify a child support order from another state if it has jurisdiction . First, the foreign order must be registered and confirmed as a judgment of Utah. See the Registering a Foreign Child Custody or Child Support Order web page for more information and forms. After a Utah court modifies a foreign order, the party filing the Petition or Motion to Modify must notify the court of the state that entered the order and every court in which the order has been registered. Forms Information about filing documents in existing cases by email Motion to Adjust Child Support Forms for a Motion Decided by a Judge (Districts 5-8) Forms to Ask to Adjust Child Support by Motion Required forms for the moving party 1138FA Non-public Information 1051GE 1052GE Child Support Worksheets Proof of income (2 years of tax returns and most recent pay stub) 1110FA 1139FA 1354FA Optional forms for the moving party 1053GE (If a person needs to protect their contact information from the other party) 1921FA (Required if ORS is providing services to either party) 1004FA (To be used by either party to tell the court what they know about how much money the other party earns) 1106FA (If the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111FA (If a hearing is requested) 1113FA (Used to object to the proposed order) 1134FA (If the original order is from outside of Utah) Forms to Oppose a Motion to Adjust Child Support Required forms for the opposing party 1104FA Proof of income (2 years of tax returns and most recent pay stub) Optional forms for the opposing party 1053GE (If a person needs to protect their contact information from the other party) 1003FA (If the opposing party has new arguments to make not presented in the moving party's motion) 1111FA (If a hearing is requested) 1110FA (If the other party has not filed this document) 1139FA (If the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order or judgment) Forms for a Motion Decided by a Commissioner (Districts 1-4) Forms to Ask to Adjust Child Support by Motion Required forms for the moving party 1138.8FA 1111FA Non-public Information 1051GE 1052GE Child Support Worksheets Proof of income (2 years of tax returns and most recent pay stub) 1139FA 1354FA Optional forms for the moving party 1053GE (If a person needs to protect their contact information from the other party) 1108FA (To be used with exhibits, if any) 1109FA (To be used to describe voluminous exhibits, if any) 1921FA (Required if ORS is providing services to either party) 1106FA (If the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1113FA (Used to object to the proposed order or judgment) 1134FA (only if the original order is from outside of Utah) Forms to Oppose a Motion to Modify Child Support Required forms for the opposing party 1104FA Proof of income (2 years of tax returns and most recent pay stub) Optional forms for the opposing party 1053GE (If a person needs to protect their contact information from the other party) 1003FA (If the opposing party has new arguments to make not presented in the moving party's motion) 1108FA (To be used with exhibits, if any) 1109FA (To be used to describe voluminous exhibits, if any) 1139FA (If the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order or judgment) Petition to Modify Child Support Forms to Petition that Child Support be Modified Required forms 1158.5XX 1920FA Summons 1015FA 1016FA Proof of Service Non-public Information 1051GE 1052GE (See the Non-public Information web page for more information) 1905FA (See our Initial Disclosures page for more information) Child support worksheet Proof of income (2 years of tax returns and most recent pay stub) 1918FA 1137FA 1354FA Optional forms 1053GE (If a person needs to protect their contact information from the other party) 1134FA (If the original order is from outside of Utah) 1921FA (Required if ORS is providing services to either party) Forms to Oppose a Petition to Modify Child Support Required forms 1008FA Financial Declaration Non-public Information (See Non-public Information web page for more information) 1051GE 1052GE (Required if other party has not provided the information) Child Support Worksheets Proof of income (2 years of tax returns and most recent pay stub) Optional forms 1053GE (If a person needs to protect their contact information from the other party) Asking for Default Judgment See the Default Judgment web page for information and forms. Going to Trial See the Getting Ready for Trial web page for information and forms. |
Modifying Parent-Time Page Menu Introduction This page includes information and forms for modifying parent-time in an existing divorce, custody or parentage order. If your order is from another state or the child or parents live outside of Utah, see the Out of State Issues section below. The forms on this page are only about modifying parent-time. You might need to modify other aspects of your final order. If you need to modify: child custody, see the modifying child custody web page child support, see the modifying child support web page If you need to modify your divorce decree for something not related to children, see our page on Modification of a Divorce Decree . The modification process Complete the documents Either party can request a modification. The party asking for the modification files the forms in the Forms section below. No matter who is asking for the modification, whoever was the petitioner in the original case is still the petitioner, and whoever was the respondent in the original case is still the respondent. Domestic Relations Injunction When a petition to modify is filed, the court will automatically issue an order called a Domestic Relations Injunction. The injunction is a court order requiring parties not to harass one another, change insurance or beneficiary coverage, transfer property or make non-routine travel with the parties' minor children while the case is pending. There are additional prohibitions in the injunction. Be sure to read it carefully. The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information. File the documents The party asking for the modification must file the documents in the same court that issued the decree. The documents will use the same case number as the decree. For information about how to file documents, see the Filing Procedures web page . The party asking for the modification must pay a filing fee when they file the papers with the court. If they cannot afford the fees they can ask the judge to waive them. For more information, see the Fees and Fee Waiver web page . Have the documents served The party asking for the modification must have the other party served with the petition to modify, summons, and other documents no later than 120 days after the petition is filed. The documents must be served by one of the methods described in Utah Rule of Civil Procedure 4(d) . The party asking for the modification must provide proof of service once service has been completed. For more information about service, see the Serving Papers web page . The other party's options The other party has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the petition to modify if they disagree with anything stated in the petition. For more information, see the Answering a Complaint or Petition web page . If the other party… Then… Files an answer The court will schedule a case management conference. This is a hearing to schedule important dates in your case. This can include dates for: Exchanging financial declarations and initial disclosures Mediation Trial There could be other things to schedule – it depends on how complicated your case is. Utah Rule of Civil Procedure 100A Agrees with everything asked for in the petition before it is filed, or the parties come to an agreement after it is filed. See the Stipulation section below. Does not file an answer If the other party has been properly served and does not file an answer within the time specified in the Summons, the party asking for the modification may ask for a default judgment. This means the party asking for the modification gets what they have asked for, and the other party won't have a chance to tell their side of the story. For more information and forms, see the Default Judgments web page . Stipulation A "stipulation" is a written agreement that shows the parties agree about everything requested in the Petition to Modify. The parties can agree on everything in the Petition to Modify before it is filed. In that case, they can file a stipulated petition. If you are using the forms provided on this web page: Check the "and Stipulation" box on the first page of the Petition. Both parties must sign the Petition. The party asking for the modification signs on the second-to-last page, and the other party signs the last page, in the "Stipulation" section. The parties might come to an agreement after the Petition is filed because the parties mediated or had some other negotiation. If you are using the forms provided on this web page: Fill out a new Petition to Modify. Write "Amended" above "Petition to Modify" on the first page and check the "and Stipulation" box. Both parties must sign the Petition. The party asking for the modification signs on the second-to-last page, and the other party signs the last page, in the "Stipulation" section. Temporary order Either party can ask for a temporary order if needed during the modification case if the requirements in Utah Rule of Civil Procedure 106 are met. If the party filing a motion for a temporary order asks for a change in custody or parent-time they must show that the motion seeks to prevent an immediate and irreparable harm or seeks to confirm changes already made by the parties. They must also show that the temporary order will serve the best interests of the children. For more information and forms, see the How to get a Temporary Order web page . Servicemembers and deployment Where one or both parents is a uniformed service member either parent can ask for temporary orders due to deployment. See the Motion for Temporary Order Due to Deployment web page for more information. Out of State Issues Jurisdiction A Utah court must have jurisdiction (power) to modify parent-time. Utah might not have jurisdiction if: the child or the parents reside in a state other than Utah, or the controlling child parent-time order was entered in a state other than Utah. Before spending the time and money to modify parent-time in a Utah court, make sure that Utah has jurisdiction. See the Jurisdiction to Modify a Custody or Parent-Time Order guide for more information. Foreign Order An order from another country or another state is called a "foreign order." A Utah court can modify a parent-time order from another state if it has jurisdiction . First, the foreign order must be registered and confirmed as a judgment of Utah. See the Registering a Foreign Child Custody or Child Support Order web page for more information and forms. After a Utah court modifies a foreign order, the party filing the Petition or Motion to Modify must notify the court of the state that entered the order and every court in which the order has been registered. Forms Forms to Petition that Parent-time be Modified Required forms 1158.5XX 1917FA Summons 1015FA 1016FA Proof of Service Non-public Information 1051GE 1052GE (See the Non-public Information web page for more information) 1905FA (See our Initial Disclosures page for more information) 1916FA 1142FA 1354FA Optional forms 1053GE (If a person needs to protect their contact information from the other party) 1134FA (If the original order is from outside of Utah) Forms to Oppose a Petition to Modify Parent-time Required forms 1008FA Non-public Information (See Non-public Information web page for more information) 1051GE 1052GE (Required if other party has not provided the information) Optional forms 1053GE (If a person needs to protect their contact information from the other party) Asking for Default Judgment See the Default Judgment web page for information and forms. Going to Trial See the Getting Ready for Trial web page for information and forms. |
Motion to Waive Divorce Waiting Period Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Mandatory waiting period in divorce cases Utah Code Section 30-3-18 requires that there must be at least 30 days between the date the divorce petition is filed and the date a hearing for decree of divorce may be held. Either party can ask that the waiting period be waived, but they must show the court that extraordinary circumstances exist. Motion to waive the divorce waiting period The way to ask that the waiting period be waived is to file a Motion to Waive Divorce Waiting Period. The motion will not be granted automatically; the moving party must show extraordinary circumstances. A copy of the Motion must be served on the other party following Utah Rule of Civil Procedure 5 . See the Serving Papers page for more information about service requirements. Opposing the Motion If the other party does not agree with the motion, they have 14 days from the date of service to file a Memorandum Opposing Motion. The moving party may file a Reply Memorandum Supporting Motion, but only if the opposing party mentions something new that the moving party did not mention in their motion. The reply must be filed within 7 days of service of the Memorandum Opposing Motion. Request to Submit The motion will not be given to the judge to decide until one of the parties completes and files a Request to Submit for Decision. Either party may file a Request to Submit for Decision, but someone must do so. If one party files a Request to Submit for Decision, the other party does not. Do not file the Request to Submit for Decision until the Reply Memorandum Supporting Motion has been filed or until after the time for filing a Reply has expired. If there is no Memorandum Opposing the Motion, then file the Request to Submit for Decision after the time for filing the opposing memorandum has expired. You may request a hearing as part of the Request to Submit for Decision. For more information about motion procedures, see our webpage on Motions , but use the forms on this page. Forms Information about filing documents in existing cases by email Forms for the moving party Required forms for the moving party Use OCAP , the Online Court Assistance Program to prepare the forms - OR - 1211FA 1110FA 1212FA Optional forms for the moving party 1106FA (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111FA (if a hearing is requested) Forms for the opposing party Required forms for the opposing party 1104FA Optional forms for the opposing party 1110FA (if the other party has not filed this document) 1111FA (if a hearing is requested) 1212FA (if the opposing party is directed to complete the order) |
Custody Cases Page Menu Related Information Child Custody and Parent-time Child Support Domestic Relations Injunction Fees Fee Waiver Filing Procedures Finding Legal Help Free Legal Clinics Getting Ready for Trial – Civil Cases Going to Court Informal Trial of Support, Custody and Parent-Time Initial Disclosures Mediation Parenting Plans Rules of Civil Procedure Serving Papers Temporary Order Utah Uniform Parentage Act Custody Cases Custody cases are usually for people who: have kids under 18 years old with another person aren't married to that person In a custody case you can get orders about the kids. This includes: an order saying who the father of the kids is - this is sometimes called a "parentage case" (learn more about paternity ) custody (learn about types of child custody ) child support parent-time Is this the right process for you? Answer the questions below to get some guidance Are you married to the person you have kids with? If yes, consider divorce If no, answer the next question Are you a grandparent, aunt, uncle (or someone other than the parent) of the minor kids? If yes, read about guardianship of a minor If no, a custody case could be the right option. Scroll down for details on how to proceed. If you aren't sure a custody case is right for you, contact the Self-Help Center or get legal help How custody cases are handled See the Roadmap for custody cases for an overall picture of the process and timelines. The parties The parent starting the custody case is the petitioner. The other parent is the respondent. Domestic Relations Injunction When a custody case is filed, the court will automatically issue an order called a Domestic Relations Injunction. The injunction is a court order requiring parties not to harass one another, change insurance or beneficiary coverage, transfer property or make non-routine travel with the parties' minor children while the case is pending. There are additional prohibitions in the injunction. Be sure to read it carefully. The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information. Petitioner completes the documents The petitioner may use OCAP the Online Court Assistance Program to prepare the petition and other documents to file for custody. Once in OCAP, choose the option called Custody, Support, or Paternity. Petitioner files the documents The petitioner must file for custody with the appropriate district court. For information about how to file documents, see the Filing Procedures web page . The petitioner must pay a filing fee when they file the papers with the court. If they cannot afford the fees they can ask to waive them. The OCAP custody program includes an option to ask to waive the fees. For more information, see our page on Fee Waiver . Where to file Generally speaking, if the minor children have lived in Utah for six months prior to filing the case, the case is filed with the district court of the county where the children reside. If the petitioner uses OCAP, they will be asked a series of questions about where they, the respondent, and the children live. That may help determine where the case should be filed. The following flowcharts can also help you determine whether Utah has jurisdiction. Jurisdiction to enter an initial custody or parent-time order flow chart See: Utah Code 78B-15-101 et seq. , Utah Uniform Parentage Act Jurisdiction can be complicated. If there are questions about which court in Utah, or which state or country might have jurisdiction, talk to a lawyer . Petitioner has documents served The petitioner must have the respondent served with the petition for custody, summons and other documents no later than 120 days after the petition is filed. The petitioner must provide proof of service once it has been completed. For more information about service, see the Serving Papers web page. Respondent files an answer The respondent has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to ("answer") the custody petition if the respondent disagrees with anything stated in the petition. The respondent may use OCAP , the Online Court Assistance Program, to prepare an answer. For more information, see the Answering a Complaint or Petition web page. If the respondent does not think Utah has jurisdiction, they may need to file a Motion to Dismiss instead of an Answer. If an answer is filed, both parties must provide initial disclosures to each other, including a Financial Declaration. For more information and forms, see the Initial Disclosures web page and the Financial Declarations web page . If an answer is filed, the court may order the parties to try to come to an agreement in mediation. For more information, see our pages on Mediation . Case Management Conference After the respondent files an answer, the court will schedule a 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 Trial The court could schedule other issues. It depends on how complicated your case is. Utah Rule of Civil Procedure 100A Stipulation The respondent may also stipulate—or agree—in writing to the petition and the custody or custody decree. If the parties can agree to the terms of the decree, they can use the OCAP Custody Interview to prepare the documents. OCAP can create a stipulation at the start of the case, or at any point in the case if the parties come to an agreement. Follow the directions in the OCAP interview. If respondent does not file an answer If the respondent has been properly served and does not file an answer within the time specified in the Summons, the petitioner may ask for a default judgment. This means the petitioner gets what they have asked for, and the respondent won't have a chance to tell their side of the story. For more information and forms, see our page on Default Judgments . The default judgment forms are also available through the OCAP custody program. Child custody, child support and parent time The custody case addresses the issues of paternity, child custody, child support and parent-time. For more information, please see these pages: Child Custody and Parent Time - information about the types of custody, parenting plans and parent relocation. Child Support - information about calculating child support, medical expenses, tax exemptions and collecting support. OCAP will calculate child support based on the child custody arrangement and the income of each parent. Parenting Plans - information about plans for parents to work together to raise their children. Paternity Temporary order Either party can ask for a temporary order if needed during the custody case. A temporary order can include child support, custody, and parent time. For more information and forms, see the How to get a Temporary Order web page . Name change A party can request that the minor's legal name be changed in the petition or counter petition. The request must include the child's current full legal name and the proposed new full legal name. If parties can't agree about what the child's name should be, the judge will make a decision based on what is in the child's best interest. The custody decree can also include adding or removing a parent's name from the minor child's birth certificate. For example, if man is determined to be the biological and legal father in the custody case, the decree can order that his name be added to the child's birth certificate. More information required by the Utah Office of Vital Records and Statistics to make changes to birth certificates is found on that agency's website . Going to trial The following procedures apply only if the parties are not able to reach an agreement in the custody case. Child custody evaluation The parties may request a custody evaluation by a professional evaluator. The judge can order a custody evaluation even without a motion from a party. A custody evaluation may be expensive and the cost is often split between the parties. For more information, see Rule 4-903 and the web pages on Custody Evaluation and Child Custody and Parent Time . Trial See the Getting Ready for Trial web page for information about going to trial. After the custody decree Changes to Birth Certificate If the parentage decree or order says a Utah birth certificate should be changed a party can provide a certified copy of the order to Utah Vital Records and Statistics and complete their process for getting an Amended Birth Certificate. More information, see Vital Records website at https://vitalrecords.utah.gov/certificates/amend-a-vital-record . Collecting Child Support A party that has a parentage decree or court order that requires the other party to pay child support can work with the Office of Recovery Services (ORS) for help collecting child support. More information is available on the ORS Child Support Services web page . Appeals A party who disagrees with the judge's decisions and thinks the judge has made a legal mistake may file an appeal, but must do so within 30 days after final entry of the parentage decree. For more information, see our page on Appeals . Setting aside a judgment A judgment, including a default judgment, can be set aside if there are good enough reasons for doing so. If a judgment is set aside, the case is reopened. A military service member has special rights to set aside a default judgment. To help prepare a motion to set aside a default or other judgment, see the Motion to Set Aside Judgment web page . For more information about default judgments, see the Default Judgments web page . Correcting a clerical error in the decree If there is a clerical error in the decree, either party may ask the court to enter a corrected decree. A clerical error may be, for example, if the monthly child support payment amount is supposed to be $450 but is mistakenly listed as $4500. For information on a motion to correct a clerical error in the decree, see the Motions web page . Modifying a parentage decree If there has been a substantial change in circumstances since the parentage decree was signed by the judge, either party can ask the court to modify the decree. For more information, see the web pages on: Modifying Child Custody Modifying Child Support Modifying Parent Time A party wanting to modify a parentage decree to question the parental status of a man that has been declared to be the legal father should seek legal advice. That process is beyond the scope of this web page. Enforcing a parentage decree A party may ask the court to enforce a temporary order or parentage decree if the other party is not obeying it. For more information, see the Motion to Enforce Order . Administrative child support order from the Office of Recovery Services (ORS) It is possible to ask the Office of Recovery Services (ORS) to establish child support orders administratively. While the ORS order is not an order of the court, it has the same effect as a court order. An administrative order from ORS does not address child custody or parent time. Those issues must go through the court. More information about the administrative order process is available on the ORS Child Support Services web page . Forms Forms for the petitioner Use the Online Court Assistance Program (OCAP) to prepare the documents to start a custody case. Choose Custody and Support, or Paternity/Parentage – Petitioner. Forms for the respondent Use Online Court Assistance Program (OCAP) to prepare an Answer to a custody case and optional Counterclaim, or to prepare a Stipulation. Choose Custody and Support, or Paternity/Parentage – Respondent. 1204XX Used by the respondent to tell the court that they are not on active duty military service. Requests Asking to Waive Fees Asking for a Temporary Order Asking to Set Aside Judgment Going to trial Getting Ready for Trial Final documents 1052FA 1004FA To be used by either party to tell the court what they know about how much money the other party earns. Other web pages with forms Default Judgments Financial Declaration Informal Trial of Support, Custody and Parent-Time Modifying Child Custody Modifying Child Support Modifying Parent Time Motion to Enforce Order Parenting Plans |
Property Division Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Introduction This page explains how property is divided in a divorce, including real estate, personal property, and retirement accounts. Generally, the court will divide all property acquired during the marriage (marital property). Courts recognize that both spouses contribute to marital property. Income is only one factor that courts consider. The court can divide all marital property, regardless of which spouse holds title to the property or where it is located. Money questions in divorce can be tricky. And hard to change once the court signs a decree. You may want a licensed professional to look at your papers before you file. See our Finding Legal Help page to learn more. How property is divided in a divorce Utah law requires an equitable division of marital property. Equitable means fair, which is not necessarily equal. If the parties agree as part of the divorce or annulment how to divide their property, the judge must review the agreement to be sure that it is fair. Property division cannot be reopened after the order is final, except under limited circumstances. Deciding what is a fair distribution of property includes several factors, such as how long the marriage has lasted, the age and health of the parties, their occupations, the amounts and sources of income and related matters. For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property. For short term marriages, the court may put the people back into the economic position they had before the marriage. In other words, he gets what was his at the beginning of the marriage, and she gets what was hers. Non-marital property Property owned by the spouses before the marriage or received by gift or inheritance during the marriage is usually not considered to be marital property. Generally, each party gets to keep their non-marital property, unless that property has been combined with marital property or is used in such a way that it takes on the legal status of marital property. Premarital agreements The distribution of property between divorcing spouses may be established by a valid premarital agreement. Under the Uniform Premarital Agreement Act agreements made in contemplation of marriage become effective upon marriage. A valid premarital agreement can affect real and personal property, including earnings, other income, and retirement benefits. A premarital agreement cannot govern child support, a child's healthcare insurance or expenses, or child care expenses. Real property Real property is land and anything permanently attached it, such as a house or other buildings. If real property was purchased during the marriage, it will generally be considered marital property even if only one spouse's name is on the deed. Often the real property is sold, and the money from the sale is divided fairly between the parties. However, one party may buy out the other by giving them what they would have gotten if the property had been sold. Sometimes, one person may be ordered to refinance the mortgage in the name of the person who keeps the real property. Personal property Generally, personal property is property that can be moved. This includes things like cars, jewelry, furniture, tools and dishes. If the property has a legal title, such as a car or boat, and it was purchased during the marriage, it will generally be considered marital property even if only one spouse's name is on the title. The general rule for dividing personal property is to allow each person to set up a separate home. Generally, if there are two of something, each party will receive one of them. Retirement and pension plan benefits Generally, anything paid into any retirement or pension plan must be divided equitably. This applies to both parties, from the date of the marriage to the date of the divorce. If both spouses have retirement or pension plan benefits, the court will usually award each spouse their own benefits. As a general rule, it is best for the spouse who contributes to the retirement or pension plan to receive all of the benefits and for the other spouse to receive something of equal value. Something of equal value might be equity from the home or cash or other property. If there is nothing of equal value to give to the other spouse, the court might have to divide the retirement benefits. Spouses may agree on how much of a retirement account each spouse should receive. If they can’t agree, then how the retirement plan is divided will depend on the kind of plan involved. The table below details the different kinds of retirement plans and how they are divided. Type of plan Defined benefit plans Defined contribution plans Definition A plan that defines an employee’s benefits as a certain amount per period of time A plan where both the employee and the employer contribute to the retirement account Examples of plan types Pensions and state or federal retirement plans 401(k) plans, 403(b) plans, employee stock ownership plans, and profit-sharing plans How the plan is divided As the parties agree, but if they can’t agree, the judge will apply this formula (sometimes called the Woodward formula): multiply one-half of the value of the account by the number of years the parties were married and divide by the number of years the employee has worked. For example, if the account value is $30,000 and the parties were married for 7 years and the husband worked for 12 years, the wife' s share would be $8,750: $30,000 x 1/2 = $15,000 $15,000 x 7 = $105,000 $105,000 / 12 = $8,750 The court might also consider factors like: the date of separation, or whether one of the spouses has done something unreasonable, such as spending, destroying, or giving away marital property As the parties agree, but if they can’t agree, there is not a clear formula. The court must divide the property fairly between the parties. The court considers the parties’: contributions during the marriage circumstances at the time of divorce unique circumstances The court should evaluate all relevant factors and circumstances in making such a determination QDROs If a retirement account is to be split or transferred to the other spouse, then a special order must be signed by the judge. This is called a Qualified Domestic Relations Order, or QDRO (pronounced kwădrō). This happens after the divorce decree is signed. The company or agency that administers the retirement or pension plan can’t divide an account or pay benefits to a spouse who did not contribute to the plan without a QDRO. How to get a signed QDRO: Contact the company or agency that administers the retirement or pension plan (the plan administrator) and ask them for a QDRO packet. The person whose name is on the account will have access to the account information and can request the packet. If the other spouse requests the plan information, the spouse whose name is on the account may have to sign a release. The plan administrator should send you instructions and sample forms. Fill out the forms and send them back to the plan administrator to make sure they will accept your papers. If they approve your proposed QDRO, file it with the court for signature. Send the final copy to the plan administrator for processing. Once a QDRO is signed by the judge and approved by the plan administrator, the plan administrator will divide the account or pay the benefits according to the QDRO, rather than the pension plan. If one party refuses to cooperate to obtain a QDRO, see our page on Motion to Enforce Order . |
Non-public Records Page Menu Related Information Court Locations Fee Waiver Fees Finding an Attorney Forms and Instructions Non-public Records Rules of Civil Procedure Serving Papers Statute of Limitation Statutes Warning about Confidential Court Records Under Section 78A-2-229 , distributing non-public court records outside the parties or the court without prior court authorization is contempt of court or a class B misdemeanor. Classification of Court Records: Public and Non-Public Court records are classified into different categories, which include public, private, sealed and protected records. Public Records Most justice, district and appellate court records are public. Anyone can see and make copies of public records. Rule of Judicial Administration 4-202.02(2) . Private Records Some records are private. Only the parties, their lawyers and a few others can view and copy the record. A few examples of private records include: Petition for divorce Request for protective order Petition for guardianship of an adult Motion to waive fees Motion to waive divorce waiting period Motion for temporary orders in a child custody case Victim impact statement Medical records Rule of Judicial Administration 4-202.02(3) . Sealed Records Some records are sealed. In these kinds of cases, even information about the existence of the case is not publicly available. A person seeking access to a sealed record must petition the court for permission to unseal the records. Examples of sealed records include: Adoption Expungement Rule of Judicial Administration 4-202.02(4) . Protected Records Some records are protected. This category includes an attorney's work product, records subject to attorney-client privilege, court security plans and some confidential business records. See Rule of Judicial Administration 4-202.02(5) for a full list. Juvenile Court Records The records in juvenile court cases are not public. Those records fall into two categories: social records and legal records. The type of record determines who may access it. Access to juvenile court social records is allowed for: the subject of the record, if 18 years of age or over; a parent or guardian of the subject of the record if the subject is an unemancipated minor; an attorney or person with power of attorney for the subject of the record; a person with a notarized release from the subject of the record or the subject's legal representative dated no more than 90 days before the date the request is made; the subject of the record's therapists and evaluators; a self-represented litigant, a prosecuting attorney, a defense attorney, a Guardian ad Litem, and an Attorney General involved in the litigation in which the record is filed; a governmental entity charged with custody, guardianship, protective supervision, probation or parole of the subject of the record including juvenile probation, Division of Child and Family Services and Juvenile Justice Services; the Department of Human Services, school districts and vendors with whom they or the courts contract (who shall not permit further access to the record), but only for court business; court personnel, but only to achieve the purpose for which the record was submitted; a governmental entity with which the record is shared under Rule 4-202.10; the person who submitted the record; anyone by court order. See Utah Rule of Judicial Administration 4-202.03(5) for a complete list. Access to juvenile court legal records is allowed for: all who may access the juvenile court social record; a law enforcement agency; a children's justice center; a public or private agency providing services to the subject of the record or to the subject's family; and the victim of a delinquent act may access the disposition order entered against the defendant. See Utah Rule of Judicial Administration 4-202.03(6) . Cases with Public and Private Records In some cases, there will be a mixture of public and private records. Anyone can see that a case has been filed, and anyone can view the docket of the case to see a list of things that have happened. Access to the records themselves, however, will depend on whether the document is public or private. Examples of cases in which there will be a mixture of public and private records include: Child Custody and Support Conservatorships Divorce Guardianships Legal sex changes (including cases with both name and sex changes) Protective Orders Stalking Injunctions In these kinds of cases, the petitions and other pleadings are private records, but the orders of the court are public records. Information in Court Records that is Private Some pieces of information in an otherwise-public record are not public. Examples include personal identifying information such as: Social Security number Driver's license number Bank account number Child's name and date of birth (except a child's name will be appear on a protective order or civil stalking injunction, which are public documents) Address, phone, and email of a non-party It is the responsibility of the person filing the document to make sure that non-public information is not included in a public document. See the Substitute Information for Non-Public Information section of this page for more information. The courts began making most public records available online through a subscription to the XChange database in April 2011. See the Court Records web page for more information about where to find court records. For a complete list of public and non-public records, see Rule of Judicial Administration 4-202.02 . Who has access to private court records? The following may access a private court record: a party or attorney for a party; an interested person to an action under the Uniform Probate Code; the person who submitted the record; the subject of the record or their attorney, or the parent or guardian of the subject of the record if the subject is an unemancipated minor or under a legal incapacity, or a person with a notarized release from the subject of the record. So, for example, the petitioner and respondent and their lawyers can view and copy the court records in their case, even if they are private. And, in a petition to appoint a guardian or conservator, the interested persons—anyone entitled to notice of the petition—also can view and copy the private court records. Safeguarding Contact Information from the Other Party Even private records are usually available to the parties in a case. Sometimes, if it is necessary to protect a person's personal safety, a person can keep their contact information from the other party. Contact information includes residential address, phone number, and email address. The person asking to safeguard their contact information must request this, and it is authorized only for documents related to: a protective order - Utah Code Section 78B-7-109(3) a stalking injunction - Utah Code Section 78B-7-701(2) a parentage order - Utah Code Section 62A-11-304.4(5) a custody order - Utah Code Section 78B-13-209(5) (Uniform Child Custody Jurisdiction and Enforcement Act) a support order - Utah Code Section 78B-14-312 (Uniform Interstate Family Support Act) The party's contact information must still be filed with the court, and it may need to be shared with a constable or deputy sheriff for serving papers, or with other governmental agencies. The information is not shared with the public or the other party except in the circumstances described in the statutes. Filer Must Omit or Redact Non-Public Information The person filing a document must make sure they did not include any non-public information. See Code of Judicial Administration Rule 4-202.09(10) . A filer preparing a document from scratch or completing a court form must leave out any non-public information. A document prepared apart from the court process that happens to contain non-public information must be redacted so the non-public information can't be read. For example, a copy of a tax return filed with the court should have the social security number blacked out. Cases in the Utah Supreme Court or Utah Court of Appeals are governed by a specific rule about non-public information. If a filing, including an addendum, contains non-public information, the filer must also file a public version with all such information removed. Utah Rule of Appellate Procedure 21(h) requires the filer to file an un-redacted version for the court and a version for the public that does not contain the confidential information. Court staff will not redact non-public information on behalf of the filer. Substitute Information for Non-Public Information Sometimes a statute or rule will require that you provide non-public information to the court. For example, the name of a child is private, but in a petition for divorce it is necessary to identify the child for purposes of custody, parent-time and support. Rule 4-202.09(9) permits you to include substitute information for some common pieces of private information. If non-public information is required, include in the public document only the following substitute information: social security number: last four digits financial or other account number: last four digits driver's license number: state of issuance and last four digits address of a non-party: city, state and zip code date of birth of non-party: month and year of birth minor's name: initials You may still have to provide the court with the non-public information, and you should do so on a separate document. The courts have 4 forms, listed below for providing some of the more common pieces of non-public information to the court in a confidential manner. When you file a non-public record, identify it as such for the judicial services representative. That will help ensure that the document is properly classified and not mistakenly made available to the public. Motion to Classify a Record as Non-Public If the non-public information in a document is so pervasive that it cannot conveniently be redacted, or if filing the non-public information is the primary purpose of the document, file a motion to classify the record as private (or protected). See Rule 4-202.04. Do not confuse this with asking the court to "seal" the record. Sealed records are rare, such as adoption records and expunged criminal records. Private and protected records are kept secure from public view, but a sealed record is physically sealed, and no one, not even a party, can view or copy the record without a court order. See Rule 4-202.02(3) , Rule 4-202.03(2) , and Rule 4-205(4) . Forms (Non-Public Information) 1051GE (Required for parentage or child support) 1052GE (Required if necessary to identify a minor) 1053GE (Required if a person is permitted to safeguard a residential address from the other party) Rules (Governing Access to Court Records) Rule 4-202 . Purpose. Rule 4-202.01 . Definitions. Rule 4-202.02 . Records classification. Rule 4-202.03 . Records access. Rule 4-202.04 . Request to access a record associated with a case; request to classify a record associated with a case. Rule 4-202.05 . Request to access an administrative record; research; request to classify an administrative record; request to create an index. Rule 4-202.06 . Response to request to access or classify a court record. Rule 4-202.07 . Appeals. Rule 4-202.08 . Fees for records, information, and services. Rule 4-202.09 . Miscellaneous. Rule 4-205 . Security of court records. Utah Rule of Appellate Procedure 21(g) . Non-public information in appellate cases. |
Relocation of a parent in divorce and custody cases Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Rules of Civil Procedure Serving Papers Utah Code Section 30-3-37 Notice of relocation A custody and parent time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process that either parent can request when one of the parents plans to move 150 miles or more from the residence of the other parent. At least 60 days before the planned move, the parent who plans to move must send the other parent a Notice of Relocation that tells the other parent: about the upcoming move; how they propose parent time will work; and that they promise not to interfere with the other parent's parent time. The Notice of Relocation can also include a proposed parent-time schedule, a proposed division of costs for parent-time transportation, or a proposed reimbursement schedule for transportation costs. Utah Code Section 30-3-37 . More forms could be required if the parents have joint physical custody. Joint physical custody means the children stay at least 111 nights a year in the home of each parent. A parent who wants to relocate with the children must file a Petition to Modify Custody in addition to sending a Notice of Relocation. Ross v. Ross, 2019 UT App 104 . See the Modifying Custody web page for more information and forms. Motion for orders regarding relocation A parent can ask the court to schedule a hearing to review the Notice of Relocation by filing a Motion for Orders Regarding Relocation. A parent might ask for the hearing because they disagree with one or more things in the Notice, including: the other parent's plans to move with the child(ren) the proposed parent-time schedule the proposed division of costs for parent-time transportation the proposed reimbursement schedule for transportation costs The parent filing the motion will need to arrange for it to be served on the other parent under Rule of Civil Procedure 4 . This service requirement is different from service for most other motions. Utah Rule of Civil Procedure 106 . The court will schedule a hearing. At the hearing, the commissioner or judge will decide: Whether relocation of the custodial parent is in the best interest of the children. This could lead to a change of custody. Who will get parent-time, when they will get it and who will have to pay costs. This could also affect child support. Guidelines and a minimum parent time schedule are included in Utah Code Section 30-3-37 . Jurisdiction If a parent has already relocated with any children to another state the issue can be more complicated because Utah might not have "jurisdiction," or power, over the case. Before spending the time and money to modify child custody in a Utah court, make sure that the Utah court, rather than the court of another state, has jurisdiction. For more information, see our chart outlining Jurisdiction to Modify a Custody or Parent-time Order . For more information about the modification process, see our web pages about modifying custody , modifying child support and modifying parent-time . Forms Notice of Relocation Notice of Relocation - PDF | Word Motion for Orders Regarding Relocation Forms for the Moving Party Required forms for the moving party The motion must be served following Utah Rule of Civil Procedure 4 . Motion for Orders Regarding Relocation - PDF | Word 1111GE Order on Motion for Orders Regarding Relocation - PDF | Word Proof of Service Optional forms for the moving party 1108GE (to be used with exhibits, if any) 1109GE (to be used to describe voluminous exhibits, if any) 1105GE (if the other party agrees to the motion after it has been filed) 1107GE (if someone other than the moving party has a statement to make) 1106GE (if the other party has disagreed with the motion and the moving party wishes to respond) 1113GE (Used to object to the proposed order) Forms for the Opposing Party Required forms for the opposing party 1104GE Optional forms for the opposing party 1103GE (if the opposing party has new arguments to make in response to the moving party's motion) 1108GE (to be used with exhibits, if any) 1109GE (to be used to describe voluminous exhibits, if any) 1105GE (if the other party agrees to the motion after it has been filed) 1112GE (if the opposing party is directed to complete the order) 1113GE (Used to object to the proposed order) |
Separate Maintenance Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Introduction Under some limited circumstances, one spouse may ask the district court for an order for alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time without filing for divorce. This is known as a petition for separate maintenance. Utah Code Section 30-4-1 governs separate maintenance. Requirements You may petition for separate maintenance if your spouse is a resident of Utah and one or more of the following circumstances apply: Your spouse deserted you without good cause. Your spouse is able to support you but does not. Through no fault of your own, you are living apart from your spouse. Your spouse is in prison for one year or more and has made no provision for you. You may also petition for separate maintenance if you are a resident of Utah and your spouse has property in Utah and does not support you. The court proceedings in separate maintenance are the same as for divorce, but a separate maintenance petition may be filed in any county where either spouse is present. A separate maintenance order may be enforced or modified by the court if necessary. A separate maintenance order terminates upon the death of either spouse. Any obligation in the order ends if the parties prove voluntary and permanent reconciliation. Forms There are no forms on this website for requesting a separate maintenance order. |
Temporary Separation Page Menu Related Information Alimony Annulment Answering a Complaint or Petition Appeals Child Custody and Parent Time Child Support Debt Division Default Judgments Divorce Mediation Fee Waiver Domestic Relations Injunction Fees Filing Procedures Finding Legal Help Going to Court How to get a Temporary Order Informal Trial of Support, 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, Title 30, Husband and Wife Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act Introduction Temporary separation is an optional step spouses may take before filing for divorce, especially if they are not sure they want to divorce, but they need court orders to establish temporary provisions concerning alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time. If either party files a petition for divorce within one year after the date of filing the petition for temporary separation, the amount of the temporary separation filing fee is credited towards the divorce filing fee. Utah Code Section 30-3-4.5 governs temporary separation orders. Requirements Either spouse can petition the district court for a temporary separation order if: the spouses are lawfully married; and both spouses have resided in Utah for at least 90 days. Duration of order A temporary separation order is valid for one year from the date of the hearing, unless the case is dismissed earlier. If one of the spouses files a petition for divorce while the temporary separation order is in effect, the temporary separation order will continue until the divorce is completed. Divorce education After a petition for temporary separation has been filed and served, both spouses must attend a divorce orientation course if there are minor children from the marriage. The petitioner must attend the course within 60 days after filing the petition and the respondent must attend the course within 45 days after being served. For more information about course locations and schedules and for information and forms for waiving the requirement, see our page on Mandatory Education in Divorce and Temporary Separation . Forms A temporary separation order can include provisions about alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time. Forms to ask for a Temporary Separation Use OCAP , the Online Court Assistance Program, to prepare the Petition for Temporary Separation and Motion for Temporary Order. Forms to respond to a Temporary Separation case To dispute a Petition for Temporary Separation, you can file an Answer. You can find the Answer form on this web page: /howto/answer/ To dispute a Motion for Temporary Order filed in the temporary separation case, you can file a Memorandum Opposing Motion. You can find the forms on the Motions page: /howto/filing/motions/ |
Motion for Temporary Order Due to Deployment Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Parenting Plans Rules of Civil Procedure Serving Papers Utah Code 78B-20-301 through 311, Judicial procedure for granting custodial responsibility during deployment Who can ask for a temporary order due to deployment? In family law cases involving minor children, a temporary order due to deployment is available if one or both parents is a uniformed service member. This includes active and reserve members of the United States armed forces and the national guard. A deployment means the servicemember is mobilized for more than 90 days but less than 18 months and is not permitted to bring family members to the deployment location. Either parent can ask the court for temporary orders during the deployment. An "intervenor" can also ask for a temporary order due to deployment. An intervenor is someone who asks the court for permission to participate in the case (such as a grandparent). The person asking to intervene must first file a Motion to Intervene. Intervention is governed by Utah Rule of Civil Procedure 24 . The court does not have a specific form to make this request. See the Motions web page for information about motions generally, and for generic motion forms. Utah Code 78B-20-102 What does a temporary order due to deployment do? A temporary order is in effect while the parent is deployed. It can include orders about: Who will have caretaking authority of the children during a parent's deployment Who will have decision-making authority during a parent's deployment Visitation for non-parents How disputes will be resolved How children will have contact with deployed parents Child support When does the court decide? When a parent receives notice of deployment, they must give written notice to the other parent about their deployment within 7 days, or as soon as reasonably possible. If the non-deploying parent has a protective order against the deploying parent, the deploying parent will give written notice of deployment to the court. The written notice of deployment should include information about the destination, duration, and conditions of their deployment. If a parent has not yet been deployed, it is possible to ask for an expedited hearing on the motion. If a party or witness is unable to appear at a hearing personally, they can ask to appear by phone or video. See the Motion to Appear Remotely web page for more information. Utah Code 78B-20-303-304 Military parenting plan If there is a military parenting plan in place, the court will issue a temporary order consistent with the military parenting plan unless it is not in the best interest of the children. How long does the order last? The temporary order due to military deployment ends 30 days after the deployed parent gives notice of return from deployment, unless another time is specified in the order. Will your motion be decided by a judge or commissioner? Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion. If you already know, 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, look at the caption of the complaint or petition. You can also answer the questions below. Do you have a family law case? Yes If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question. No Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. Was your case filed in the 1st, 2nd, 3rd, or 4th district? Yes If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, 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, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. I don't know If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party." Aftere you fill out the motion, 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, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion. Are you filing exhibits with your motion? If yes, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and attend the hearing If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below. Documents Who Files Time to File and Serve Motion Moving party Serve at least 28 days before the hearing Memorandum Opposing the Motion Responding party At least 14 days before the hearing Reply Memorandum Supporting the Motion Moving party At least 7 days before the hearing Counter Motion Documents Who Files Time to File and Serve Counter Motion (must be served with Memorandum Opposing the Motion Responding party At least 14 days before the hearing Memorandum Opposing the Counter Motion Original moving party At least 7 days before the hearing Reply Memorandum Supporting the Counter Motion Responding party At least 3 business days before the hearing How to File a Motion Decided by a Judge 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, 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, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Whatever happens, 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, be sure to attend. See our page on Going to Court for more information. The chart below has more information when papers should be filed. Documents Who Files Time to File and Serve Motion Moving party Memorandum Opposing the Motion Responding party Within 14 days after the the moving party files and serves the motion Reply Memorandum Supporting Motion Moving party Within 7 days after the responding party files and serves the Memorandum Opposing the Motion Request to Submit for Decision Moving party After the last document in this list is filed, 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 Forms for Motions Decided by a Commissioner Forms for the Moving Party Required forms for the moving party 1105.8FA 1111FA (if a hearing is requested) 1922FA Optional forms for the moving party 1108FA (to be used with exhibits, if any) 1109FA (to be used to describe voluminous exhibits, if any) 1105FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and the moving party wishes to respond) 1113FA (Used to object to the proposed order) Forms for the Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party Counter Motion - PDF | Word (if the opposing party has new arguments to make in response to the moving party's motion) 1108FA (to be used with exhibits, if any) 1109FA (to be used to describe voluminous exhibits, if any) 1105FA (if the other party agrees to the motion after it has been filed) 1112FA (if the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order) Forms for Motions Decided by a Judge Forms for the Moving Party Required forms for the moving party 1923FA 1110FA (filed after all documents have been filed, or the time has passed for the other party to respond) 1106FA Optional Forms for the Moving Party 1102FA (if both parties agree to the motion before it is filed) 1105FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111FA (if a hearing is requested) 1113FA (Used to object to the proposed order) Forms for the Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA (if the opposing party agrees to the motion after it has been filed) 1003FA (if the opposing party has new arguments to make not presented in the moving party's motion) 1111FA (if a hearing is requested) 1110FA (if the other party has not filed this document) 1112FA (if the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order) |
Custody Evaluation Page Menu Related Information Child Custody and Parent Time Child Support Divorce Mediation Divorce Orientation and Education for Parents Finding Legal Help Free Legal Clinics Going to Court Mediation Modifying Child Custody Modifying Parent-time Motions Custody Cases Parenting Plans Public and Non-public Records Rule 4-903. Uniform custody evaluations. Rules of Civil Procedure Serving Papers Utah Legal Services - Family Law Resources Purpose of a Custody Evaluation A custody evaluation provides the court with information it can use to make decisions about custody and parent-time. Unless otherwise specified in the order appointing the custody evaluator, the evaluator will consider and respond to the custody factors in Utah Code 30-3-10 and 30-3-10.2 . Custody Evaluation Process The custody evaluator's report must meet the requirements of Rule 4-903 and must be in substantially the same form as the court-approved form. The parties may also ask the court to appoint an evaluator. The court will appoint someone to conduct an impartial evaluation and submit a written report. If one of the parties resides outside Utah, the court may appoint two evaluators. If the court appoints two evaluators, the court will designate one as the primary evaluator. The evaluators may submit only one joint report, and they must confer before the evaluation starts. The out-of-state evaluator must meet the minimum qualifications and follow the standards and procedures required by Rule 4-903 . To ask the court to appoint a custody evaluator, file a motion. For more information and forms, see our webpage on Motions . If both parties agree on who the custody evaluator should be, how the expense is to be divided, and what factors are to be considered, file the motion with a stipulation. If the parties do not agree, the motion might be opposed. The motion or stipulation must include: the name, address, and telephone number of each evaluator nominated, or the evaluator agreed upon; the anticipated dates that the evaluation will start and will be finished and the estimated cost; the factors to be addressed. (For a list of possible factors, see Purpose of a custody evaluation , above) and a copy of each proposed evaluator's curriculum vitae (resume) attached as exhibits. The curriculum vitae must show hat the proposed evaluator has completed at least 18 hours of education and training that covers the psychological and developmental needs of children, family dynamics, and the effects of separation, divorce, domestic violence, child sexual abuse, child physical or emotional abuse or neglect, substance abuse, and interparental conflict on the psychological and developmental needs of children and adults. If the court grants the motion, the court will: appoint a custody evaluator, apportion payment of the evaluator's fees among the parties, specify dates that the evaluation will start and will be finished, specify the factors to be addressed, and require the parties to cooperate with the evaluator. Within five business days after gathering the needed information—and without preparing a full, written report—the evaluator will prepare a "Settlement Conference Report" (For a sample, see the Forms section, below.) and notify the court, counsel (including a guardian ad litem if one has been appointed by the court) and parties of the need to schedule a settlement conference. Within 45 days after that notice, the parties or their lawyers must schedule a settlement conference with the court and the evaluator so the evaluator may give a verbal report. The purpose of the settlement conference is to: reduce the time and expense of preparing a full, written report in cases in which one is not needed; disclose the evaluation findings in a way that is less adversarial and less damaging to family relationships; allow the parties the opportunity to participate in fashioning an agreement; and allow the parties to benefit from the insights of the evaluator while still controlling decisions about their children. The evaluator will verbally present conclusions and make recommendations if requested by the commissioner or judge. The commissioner or judge will decide any restrictions on what the children are told about the findings and by whom, and restrict distribution of the "Settlement Conference Report." If any party wants a full, written report, the party must notify the evaluator. If no settlement is reached at or soon after the settlement conference, the evaluator will prepare a full, written report, and the court will set a date for a pre-trial conference. If the evaluator writes a full report, the report must follow the pattern of the "Table of Contents" form in the Forms section, below. Minimum Qualifications to be a Custody Evaluator "Custody evaluator" is not a separate, licensed profession. To be a custody evaluator, one must be licensed by the Utah Division of Occupational and Professional Licensing (DOPL) as a: Licensed Clinical Social Worker, Licensed Psychologist, Licensed Physician who is board certified in psychiatry, Licensed Marriage and Family Therapist, or Licensed Clinical Mental Health Counselor. Utah Code of Judicial Administration Rule 4-903 . If there are areas of concern in which the evaluator does not possess the necessary education or experience, such as domestic violence, sexual abuse, substance abuse, or mental illness, the evaluator must consult with someone who has the necessary education or experience. If psychological testing is part of the evaluation, the tests must be conducted by a licensed psychologist who is trained in their use, and who adheres to the ethical standards for the use and interpretation of psychological tests. Complaints About Custody Evaluators Custody evaluators do not work for the courts and they are not supervised by the courts. They are private professionals who are regulated and licensed by the Utah Division of Occupational and Professional Licensing (DOPL). "Custody evaluator" is not a separate, licensed profession. To be a custody evaluator, one must be licensed by DOPL as a: Licensed Clinical Social Worker, Licensed Psychologist, Licensed Physician who is board certified in psychiatry, Licensed Marriage and Family Therapist, or Licensed Clinical Mental Health Counselor. To report a claim of unprofessional or unethical conduct by a custody evaluator, you must file a complaint with DOPL . The complaint form asks for the profession of the person about whom you are complaining. You may enter "custody evaluator" or, if you know it, the profession (Licensed Clinical Social Worker, Psychologist, Psychiatrist, Licensed Marriage and Family Therapist, or Licensed Clinical Mental Health Counselor) that enables the person to be a custody evaluator. Forms Filing a Complaint about a Custody Evaluator 1580FA 1203XX |
Parent Coordinator Page Menu Related Information Filing Procedures Finding an Attorney Free Legal Clinics Going to Court Mediation Parenting Plans Rule 4-509. Court-appointed parent coordinator Rules of Civil Procedure Serving Papers What is a parent coordinator? A parent coordinator is a mental health professional who helps parents resolve conflicts about parenting issues. A parent coordinator's qualifications and role are governed by Code of Judicial Administration Rule 4-509 . The services of a parent coordinator may be ordered by the court with or without the stipulation of both parties. The forms and procedures on this webpage apply when a party wants to ask the court to appoint a parent coordinator. A parent coordinator has expertise in child development and helps parents resolve their differences by offering advice about the needs of the children and the workability of various parenting plans. The parents are not obligated to take the advice offered and the discussions and recommendations are confidential. What does a parent coordinator do? A parent coordinator may be appointed to help parents write a parenting plan that works for their children and their family situation. With the parents' permission, any agreed upon plan or part of a plan can be forwarded to the parents' attorneys for final review. This plan can be incorporated in the divorce decree or other court order. A parent coordinator may also be appointed to help parents resolve differences about the implementation of an established parenting plan or to resolve differences about issues that are not covered by the plan. For example, if the parents are having difficulty deciding about a school placement for a child and have been ordered to resolve their differences through parent coordination, a parent coordinator may provide additional valuable input. By meeting with a parent coordinator, parents may be able resolve their differences. What is a parenting plan? A parenting plan outlines how the parents will raise their children. It encourages the parents to think in advance about how to make decisions and resolve disagreements. The result will be more predictability and stability for the children and less stress and anxiety. A parenting plan is required for shared parenting arrangements and is advisable in other parenting arrangements. For more information, see our webpage on Parenting Plans . How do I find a parent coordinator? Attorneys may be aware of practitioners who meet the qualifications of Rule 4-509 and who offer this service. Many custody evaluators meet the qualifications. Custody evaluators who do not perform this service may be able to refer you to someone who does. Other mental health professionals may also qualify. The court does not have a list of parent coordinators. Who pays the parent coordinator? The order appointing a parent coordinator will designate which parent(s) are responsible for paying the parent coordinator and how much. What is the time-line for parent coordination? Parent coordination may occur soon after the separation and before or after mediation. Sometimes both mediation and parent coordination are needed to write a parenting plan. Parent coordination may also occur when differences are referred to the court after a divorce decree. What happens if I agree on a parenting plan after parent coordination? The parent coordinator may provide to the parties and their attorneys a summary of the agreed-upon features of a parenting plan, but the parties and their attorneys must write the parenting plan and file it with the court. For information and forms, see our webpage on Parenting Plans . What happens if I don't agree on a parenting plan after parent coordination? Other ways of arriving at a parenting plan, such as through a custody evaluation, may be proposed to the court. When is parent coordination not appropriate? For parent coordination to be effective, both parents need to agree that it is in the best interests of the children to have an on-going relationship with both parents or that assistance would help the parents to follow the court's orders. The parents should be able to meet in an office together with the parent coordinator, without their attorneys, and discuss in good faith the best interests of the children. Parent coordination is not appropriate if one parent is afraid of retaliation from the other or does not feel that they can be honest and forthright about their preferences. Parent coordination is not appropriate if a parent believes that the other parent is a danger to the child or that they must keep secrets about the child from the other parent. If there is a protective order or no contact order against either party, the court will have to decide whether parent coordination should be an exception to the order. Resources for parent coordinators A parent coordinator should thoroughly read Code of Judicial Administration Rule 4-509 and be prepared to complete the Parent Coordinator's Forms listed below before offering their services. Forms What forms you need depend on whether your case is before a commissioner or a judge. My case is in Judicial District 1, 2, 3 or 4 and will be heard by a commissioner Forms for the Moving Party Required forms for the moving party 1221.8FA 1111FA (if a hearing is requested) 1908FA Optional forms for the moving party 1108FA (to be used with exhibits, if any) 1109FA (to be used to describe voluminous exhibits, if any) 1911FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and the moving party wishes to respond) 1113FA (Used to object to the proposed order) Forms for the Opposing Party Required forms for the opposing party 1910FA Optional forms for the opposing party Counter Motion - PDF | Word (if the opposing party has new arguments to make in response to the moving party's motion)1108FA (to be used with exhibits, if any) 1109FA (to be used to describe voluminous exhibits, if any) 1911FA (if the other party agrees to the motion after it has been filed) 1908FA (if the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order) My case is in Judicial District 5, 6, 7 or 8 and will be heard by a judge Forms for the Moving Party Required forms for the moving party 1221FA 1110FA (filed after all documents have been filed, or the time has passed for the other party to respond) 1908FA Optional Forms for the Moving Party 1911FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111FA (if a hearing is requested) 1113FA (Used to object to the proposed order) Forms for the Opposing Party Required forms for the opposing party 1910FA Optional forms for the opposing party 1911FA (if the other party agrees to the motion after it has been filed) 1003FA (if the opposing party has new arguments to make not presented in the moving party's motion) 1111FA (if a hearing is requested) 1110FA (if the other party has not filed this document) 1908FA (if the opposing party is directed to complete the order) 1113FA (Used to object to the proposed order) I don’t know what district my case is in If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner. Forms for Parent Coordinator 1909FA 1226FA |
Motion to Enforce Order Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation OCAP (Online Court Assistance Program) URCP 7A (motions to enforce) URCP 7B (motion to enforce domestic law matters) URCP 101 Utah Code, Title 78B, Chapter 6, Sections 301 through 316, Contempt Asking the court to enforce an order This page explains how to ask the court to enforce an existing order or decree from a Utah court. This is done by filing a Motion to Enforce Order. Instructions on Opposing a Motion to Enforce Order are also available below. Before May 1, 2021, the process to enforce an order was called "Order to Show Cause." Other steps could be required if you are seeking to enforce an order or decree from a different state or from ORS (Utah's Office of Recovery Services). For an order for custody or child support from another state, you must first register the order in Utah following the process on our page Registering a Foreign Order . For an order from ORS you must first register the order following the process of our page Registering an ORS Support Order . Procedures to ask the court to enforce an order Follow the steps below to ask the court to enforce an order or decree. Is your case is in the 3rd Judicial District and your Motion to Enforce is about a denial of parent-time? If yes, skip to Special process Step 1: File documents File the following with the court (forms are available in the forms section below ): Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions Any documents you have to support your request (such as receipts, printouts from ORS or other proof) Request to Submit for Decision Order to Attend Hearing There are two sets of forms. One set is for domestic relations actions. The other set is for everything else. What is a domestic relations action? Only these kinds of cases: Divorce Temporary separation Separate maintenance Parentage Custody Child support Adoptions Cohabitant abuse protective orders Child protective orders Civil stalking injunctions Grandparent visitation Petitions to modify a divorce, custody, or parentage decree Utah Rule of Civil Procedure 7B(i) The court will review your documents. If your papers explain how the other party is not obeying the order or decree the court will schedule a hearing. Step 2: Have the papers served The court will set a hearing date and time. Then, you must have the other party (or parties) served with all of the papers you filed. 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 . After you have served everyone, tell the court. File either your: Proof of Service (for service under Rule 4) or Certificate of Service (for service under Rule 5) The other party might file a Memorandum Opposing the Motion. If it raises new issues that you did not address in your Motion, and you want to respond to it in writing, you can file a Reply Memorandum Supporting the Motion. You must serve your reply at least 3 days before the hearing for domestic relations cases or, for other types of cases, within 7 days of the other party's filing the Memorandum Opposing the Motion. Step 3: Attend the hearing The court might schedule an informal telephone conference to talk about the issues in your motion. If so, you must attend the telephone conference. If the court might also schedule a formal hearing. The formal hearing could be in person, over the telephone, or over the internet. Both parties will have the chance to explain their positions. The judge or commissioner will decide whether the party is disobeying the court order in that they: knew about the order, had the ability to follow the order, and willfully failed to comply with the order. If the court finds a party is able to do what the court has ordered and has not, the court can also impose penalties, including – in extreme circumstances – fines and jail time. After the hearing, the court might ask you to prepare an order based on what happened at the hearing. You can use the form Order on Motion to Enforce in the forms section below . Special process if your case is in the 3rd Judicial District and your Motion to Enforce is about a denial of parent-time There is a special process in some cases. This process applies if: Your case is in the 3rd Judicial District (Salt Lake, West Jordan, or Summit, or Tooele county) AND You are experiencing a DENIAL of parent-time rights that is a part of your Motion to Enforce Order If your case meets both criteria, instead of Step 1 above, file the following documents (forms are available in the forms section below ): Motion to Enforce Order Any documents you have to support your request (such as receipts, printouts from ORS or other proof) Parent-Time Dispute Referral Form Instead of Step 2 above, the court will contact you to set up a mediation (you do not need to have the other party served yet). Mediation is a process in which a neutral third party (a mediator) tries to help you and the other party to the case reach a resolution outside of court. The court will try to schedule the mediation as soon as possible, usually in about 15 days. There is a fee for the mediation. It is $40 per hour, per person. However, the cost could be reduced based on your income. At this point, there are a few possibilities: If you resolve your case through mediation, the motion to enforce process will end If the court decides that your case is exempt from mediation (for example, if your case involves domestic violence) you will be able to skip mediation and you will be sent a notice of this You can then file these documents to request a hearing (forms are available in the forms section below ): Request to Submit for Decision Order to Attend Hearing The court will sign the Order to Attend Hearing. Then have your Motion to Enforce, Request to Submit for Decision and the Order to Attend hearing served. Follow the same process as explained in "Step 2: Have the papers served" above. If you attend mediation and you cannot resolve the issues in your Motion for Order to Show Cause, you will be sent a notice You can then file these documents to request a hearing (forms are available in the forms section below ): Request to Submit for Decision Order to Attend Hearing The court will sign the Order to Attend Hearing. Then have your Motion to Enforce, Request to Submit for Decision and the Order to Attend hearing served. Follow the same process as explained in "Step 2: Have the papers served" above. For step 3, you will follow the same process as explained in "Step 3: Attend the hearing" above. Utah Code 30-3-38 Writ of Assistance to Remove Children Is the other party not giving you court-ordered custody of your children? If so, you can try asking for a Writ of Assistance. A Writ of Assistance to Remove Children is a court order. It tells law enforcement to take physical custody of children. It is a very serious order. The Writ can authorize law enforcement to use force. This can involve breaking down someone's door to enter and using force to physically remove the children. Opposing a Motion to Enforce Order If you oppose a Motion to Enforce Order you can: File a Memorandum Opposing Motion (see "Forms for the responding party" in the forms section below ). If your argument is that the other party violated the order, file a "counter motion". Details are below If your case is a domestic relations action you must file your Memorandum Opposing Motion at least 14 days before the hearing. Serve a copy on the other party under Utah Rule of Civil Procedure 5 . See our page on Serving Papers for more information. If your case is not a domestic relations action you must file your Memorandum Opposing Motion within 14 days of when you were served the Order to Attend Hearing. Serve a copy on the other party under Utah Rule of Civil Procedure 5 . See our page on Serving Papers for more information. File your own Motion to Enforce Order (a "counter motion") along with your Memorandum Opposing Order if you think the other party is not complying with the order or decree. See Step 1 above for details. You must serve your (counter) Motion to Enforce Order and your Memorandum Opposing Motion at the same time. Attend the hearing and tell the court your side of the story Utah Rule of Civil Procedure 7A(e) and 7B(e) . Collecting a judgment The court might enter a judgment for a specific dollar amount of past due child support, alimony or other debt. If this happens, the party who asked for enforcement can collect that amount. For more information and forms, see our webpage on How to Collect a Judgment . Contact the Office of Recovery Services to find out whether they can help collect a judgment. Forms The forms you need depend on your case. What is your case about? If you are asking to enforce an order, you are the moving party . If you are responding to a Motion to Enforce you are the responding party . A denial of parent-time rights in the 3rd district (Salt Lake City, West Jordan, Summit County, or Tooele) My case is about Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance For moving party - getting started Required forms 1150.8FA 1368XX If you settle in mediation Use this form to turn your agreement into an order 1154FAJ For moving party - if you do not settle in mediation Required forms 1110FA 1171FA 1020FA 1021FA 1914FA Which service form? Does the responding party have a laywer? Yes - serve these papers like you would serve other papers and use the Certificate of Service form No - serve these papers like you would serve a complaint and use the Proof of Completed Service form Optional forms 1106FA (Use if the responding party disagreed with your motion, talked about something new, and you want to respond) 1113FA (Use to obect to the proposed order or judgment - see the Motions Page for more information) Request for Contempt Hearing - PDF | Word (Use only if the court commissioner certifies the contempt issues for a hearing before the judge) 1403GE For responding party Required forms 1104FA Optional forms 1113FA (used to object to the proposed order or judgment - for more details, see our page on Motions ) My case is about a denial of parent-time rights in a grandparent visitation case For moving party - getting started Required forms 1150.8FA 1368XX If you settle in mediation Use this form to turn your agreement into an order 1154FAJ For moving party - if you do not settle in mediation Required forms 1110GE 1171GE 1020GE 1021GE 1914FA Which service form? Does the responding party have a laywer? Yes - serve these papers like you would serve other papers and use the Certificate of Service form No - serve these papers like you would serve a complaint and use the Proof of Completed Service form Optional forms 1106GE (Use if the responding party disagreed with your motion, talked about something new, and you want to respond) 1113GE (Use to obect to the proposed order or judgment - see the Motions Page for more information) 1153.1FA (Use only if the court commissioner certifies the contempt issues for a hearing before the judge) 1403GE For responding party Required forms 1104GE Optional forms 1113GE (Use to obect to the proposed order or judgment - see the Motions Page for more information) Divorce, Custody, or Paternity What forms you need depend on whether your case is before a commissioner or a judge. My case is in Judicial District 1, 2, 3 or 4 and will be heard by a commissioner Required forms 1150.8FA 1110FA 1171FA 1020FA 1021FA 1914FA Optional forms 1106FA (If the other party has disagreed with the motion and the moving party wishes to respond) 1113FA (Used to object to the proposed order or Judgment) 1913FA (Used only if the court commissioner certifies the contempt issues for a hearing before the judge) 1403FA Forms for the responding party Required forms 1104FA Optional forms 1113FA (Used to object to the proposed order or judgment - for more details, see our page on Motions ) My case is in Judicial District 5, 6, 7 or 8 and will be heard by a judge Required forms 1150.2FA 1110FA 1171FA 1020FA 1021FA 1914FA Optional forms 1106FA (If the other party has disagreed with the motion and the moving party wishes to respond) 1113FA (Used to object to the proposed order or Judgment) 1403FA Forms for the responding party Required forms 1104FA Optional forms 1113FA (Used to object to the proposed order or judgment - for more details, see our page on Motions ) I don’t know what district my case is in If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner’s name is listed in the caption, the motion likely will be decided by a commissioner. A different family law issue, protective order, or stalking injunction This includes enforcing a protective order, stalking injunction, registered ORS order , adoption, or grandparent visitation. I am enforcing an adoption order or stalking injunction Required forms Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions - PDF | Word 1110GE 1171GE 1020GE 1021GE Order on Motion to Enforce Domestic Order - PDF | Word Optional forms 1106GE (If the other party has disagreed with the motion and the moving party wishes to respond) 1113GE (Used to object to the proposed order or Judgment) 1403GE Forms for the responding party Required forms 1104GE Optional forms 1113GE (Used to object to the proposed order or judgment - for more details, see our page on Motions ) I am enforcing an order in some other kind of family law case This includes enforcing a protective order, registered ORS order , or grandparent visitation. What forms you need depend on whether your case is before a commissioner or a judge. My case is in Judicial District 1, 2, 3 or 4 and will be heard by a commissioner. Required forms Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions - Commissioner - PDF | Word 1110GE 1171GE 1020GE 1021GE Order on Motion to Enforce Domestic Order - PDF | Word Optional forms 1106GE (If the other party has disagreed with the motion and the moving party wishes to respond) 1113GE (Used to object to the proposed order or Judgment) 1403GE Forms for the responding party Required forms 1104GE Optional forms 1113GE (Used to object to the proposed order or judgment - for more details, see our page on Motions ) My case is in Judicial District 5, 6, 7 or 8 and will be heard by a judge Required forms Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions - PDF | Word 1110GE 1171GE 1020GE 1021GE Order on Motion to Enforce Domestic Order - PDF | Word Optional forms 1106GE (If the other party has disagreed with the motion and the moving party wishes to respond) 1113GE (Used to object to the proposed order or Judgment) 1403GE Forms for the responding party Required forms 1104GE Optional forms 1113GE (Used to object to the proposed order or judgment - for more details, see our page on Motions ) I don’t know what district my case is in If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner’s name is listed in the caption, the motion likely will be decided by a commissioner. Something Else Required forms 1170GE 1110GE 1171GE 1020GE 1021GE 1172GE Optional forms 1106GE (If the other party has disagreed with the motion and the moving party wishes to respond) 1113GE (Used to object to the proposed order or Judgment) 1403GE Forms for the responding party Required forms 1104GE Optional forms 1113GE (Used to object to the proposed order or judgment - for more details, see our page on Motions ) Quick Escape |
Registering a Foreign Child Custody or Child Support Order Page Menu Related Information Fees Fee Waiver Filing Procedures Finding an Attorney Free Legal Clinics Going to Court Map of Utah Courts Modifying Child Support Public and Non-public Records Rules of Civil Procedure Serving Papers Uniform Child Custody and Enforcement Act, Section 305 Uniform Interstate Family Support Act, Sections 601 through 610 What is a Foreign Order? A court order entered outside of Utah is called a "foreign order." For example, an order from a California court is a foreign order in Utah. The foreign order might be for child custody, which includes parent time. Or the foreign order might be for child support or spousal support (alimony), which includes an income-withholding order. Often the custody order or support order will be part of a divorce decree or custody decree. An order from outside the United States cannot be registered using this procedure. See Mori v. Mori, 931 P.2d 854 (1997) . Before a foreign order can be enforced or modified in Utah, it must be registered and confirmed. Registration and Confirmation Registering the order and confirming the order are two separate steps. To register the order, file the Request to Register and a certified copy of the order(s) you want to register with the court. File in the district court in the county in which the children live. If the children do not live in Utah, then file in the county in which the opposing party lives. If neither the opposing party nor the children live in Utah then file in the county where you live. The court will mail the Request to Register and its supporting documents to all of the people named in the Request. The people served have 20 days in which to ask for a hearing. If no one asks for a hearing, the order is automatically confirmed. If someone does ask for a hearing, the judge will decide the issues and enter an order confirming or not confirming the foreign order. If the foreign order is confirmed - either automatically or after a judge's decision - the court will send Notice of Confirmation to all of the people named in the Request. Enforcement and Modification Once registered and confirmed, you can ask the Utah court to either enforce or modify your order, or both. For information on how to enforce your order see our webpage on Motion to Enforce Domestic Orders . Modifying your order can be more complicated. See our pages on Modifying Child Support , Modifying Child Custody and Modifying Parent-Time for more information. Forms Asking to Register a Foreign Order 1158.5XX Request to Register Foreign Child Custody or Parent-Time Order, or Support or Income Withholding Order - PDF | Word Non-public Information Forms Notice of Registration of Foreign Child Custody or Parent-Time Order, or Support or Income Withholding Order - PDF | Word Notice of Confirmation of Foreign Child Custody or Parent-Time Order, or Support or Income Withholding Order - PDF | Word Order on Hearing for Confirmation of Foreign Child Custody or Parent-Time Order, or Support or Income Withholding Order - PDF | Word Opposing a Request to Register a Foreign Order Request for Hearing – Request to Register Foreign Child Custody or Parent-Time Order, or Support or Income Withholding Order - PDF | Word 1111FA Non-public Information Forms Order on Hearing for Confirmation of Foreign Child Custody or Parent-Time Order, or Support or Income Withholding Order - PDF | Word |
Eviction Information for Tenants Page Menu Related Information Landlord-Tenant main page Abandoned Premises Criminal Trespass by a Long-term Guest Finding Legal Help Free Legal Clinics Getting Ready for Trial – Civil Cases Going to Court Refunding Renters' Deposits Road map of the eviction process (PDF) Tenant's Personal Property Tenant Toolkit (Utah Housing Coalition) Utah Code Section 57-17-1 to -5 (Residential Renters' Deposits) This page includes information about the residential eviction process only. The page does not address commercial evictions. 1 Introduction This page explains how to respond to an eviction case. It is for tenants. If you are a landlord needing to evict someone, see our page on Eviction information for landlords . Pay attention to eviction papers you receive. If you ignore your papers you could be evicted. What you can do will depend on what you receive. Click to find out what you can do if: You receive a notice to vacate (the first step in the eviction process) You receive a Summons and Complaint (the second step in an eviction case) You receive an Order of Restitution (an order telling the sheriff to remove you from the rental) You receive an Affidavit of Damages or papers requesting a judgment You can also see a road map of the eviction process for an overall picture of the process and timelines. Do you need help paying your rent? You might be able to get help paying your rent. More Do you need help paying your rent? You might be able to get help paying your rent. This is sometimes called "rental assistance." Utah 2-1-1 has a list of providers who can help with rental assitance. The Consumer Financial Protection Bureau has tips on how to talk to your landlord about rent that is owed . Less Are you in government housing or is you rent paid for by the government? More Are you in government housing or is you rent paid for by the government? Tenants in government housing have more rights. This includes public housing, section 8, and other government programs. Contact Utah Legal Services for help. Less Do you own a mobile home in a mobile home park? You might have extra legal protections. More Do you own a mobile home in a mobile home park? You might have extra legal protections. These protections apply if: You live in a mobile home You own your mobile home, and Your mobile home is in a mobile home park- and you rent a lot If you meet all of the above, your eviction case could proceed differently. You can read more in Utah Code Title 57, Chapter 16, Mobile Home Park Residency Act . If you do not own the mobile home, the procedures on this page apply. Less It's against the law for a landlord to evict tenant without a court order If you are a tenant, your landlord must get a court order to evict you. Without a court order, your landlord cannot: More It's against the law for a landlord to evict tenant without a court order If you are a tenant, your landlord must get a court order to evict you. Without a court order, your landlord cannot: Change your locks Shut off your utilities Take your belongings Harass you or Block you from entering your unit Are you a tenant? You are if you: Have a written lease Have the landlord's oral permission to live in your unit Have given the landlord something valuable (money, labor, help with the bills) in exchange for letting you live there Utah Code 78B-6-814 Were you locked out illegally? Utah Legal Services has help on what you can do next. If you are not a tenant you could be considered a long-term guest. A long-term guest doesn't meet the requirements for being a tenant. A long-term guest can be removed with police help. See our page on criminal trespass law for more information. Less If you receive a notice to vacate Serving you with a notice to vacate (sometimes called a notice to quit) is the first step your landlord can take in the eviction process. An eviction notice tells you that you must either move out or you will be sued for eviction. The notice might give you the chance to fix the problem (such as paying rent or following the rules in your lease) instead of moving out. Your notice will have a deadline to comply. The day you receive the notice is considered day zero. So if you receive a 3 day notice to vacate on Monday, you have until the end of the day on Thursday to move out. What are my options when I receive the notice? Generally, you can: Fix the problem in the notice If the notice is for nonpayment of rent, you have 3 business days to pay the money you owe. Contact 2-1-1 to find out about rental assistance options available in your county If the notice is for a lease violation, fix the problem and tell the landlord in writing what you have done Try to work something out with your landlord One option is to ask your landlord to attend mediation. This would involve you, your landlord and another person, a mediator who is not on your side or your landlord's side. The mediator's job is to try to help you and your landlord come to an agreement If you are in Salt Lake County, try contacting Utah Community Action at 801-214-3109 or mediation@utahca.org If you are in Summit County, try contacting Mountain Mediation For statewide mediation help, try contacting Utah Dispute Resolution Move out Stay in your residence and try to challenge the lawsuit - but see the consequences section below for details about what could happen next What happens if I do not comply with the notice? Consequences for not complying with the notice If you don't resolve the issue or move out before the notice expires, the landlord can file eviction papers in court and have you served. If the landlord wins the case you could be responsible for: Three times the amount you owe in unpaid rent Three times the daily value of your residence for each day you remain after the notice expires For example, if your rent is $750 each month, you would divide that by 30 to get your daily rental amount of $25. If you stay in your residence for 21 days after your notice expires, you would multiply $25 times 21. This equals $525, but this amount is then multiplied by 3, so you will owe $1,575 Three times the amount of money you owe under the lease (including late fees) Three times the amount it costs to repair any damage you caused to the residence if your notice is for waste (causing physical harm to the residence or neglecting to maintain the residence) Three times the amount it costs to undo any nuisance you caused if your notice is for nuisance Attorney fees Court costs The filing of an eviction lawsuit is also a permanent public record. The fact that you were sued for eviction can make it harder to find another place to rent. If a landlord wins a judgment against you that can also hurt your credit, which can also make it harder to find another place to rent. Utah Legal Services has more information on what can happen to you in an eviction case . Utah Code 78B-6-811 Are there any requirements for a notice to vacate? Requirements for a notice to vacate Your landlord must strictly follow the requirements when giving you a notice. Look at the table to see how much time your notice must give you to comply: If your notice is for... Then your notice must... Nonpayment of rent Give you 3 business days to pay or move A Criminal Act, Engaging in an Unlawful Business, Nuisance, Subletting, Violating Your Lease, or Waste Give you 3 calendar days to comply Ending a month-to-month or other periodic tenancy Give you 15 calendar days to comply Be served on you at least 15 calendar days before the end of the rental period, otherwise you can stay until the end of the next rental period A tenant at will (you don't have a lease with the property owner) Give you 5 calendar days to comply How the notice is served The notice to vacate can be served by any person, including the landlord: by delivering it to the tenant personally by mailing it registered or certified mail, or an equivalent means, to the tenant at the tenant's residence if the tenant is absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to the tenant at the tenant's residence, or if a person of suitable age or discretion cannot be found at the tenant's residence, by affixing it in a conspicuous place on the premises (usually on the door to the residence) Do you qualify for extra protections? The Federal Housing Finance Agency (FHFA) requires some tenants to be given a 30 day notice before they can be required to leave their units . You are entitled to a 30 day notice if: Your landlords has a mortgage backed by Fannie Mae or Freddie Mac and You are facing eviction for nonpayment of rent If your landlord has a mortgage that is in forbearance, there are more protections. Your landlord cannot: Evict you for unpaid rent or late fees or Charge late fees or penalties for back rent Landlords in forbearance are required to give you written notice of these rights and of the fact that the property is in forbearance. You can use these lookup tools to see if your unit is covered under these the FHFA rule: Fannie Mae lookup tool or call 877-542-9723 Freddie Mac lookup tool or call 800-40-03097 Extra time for tenants in a foreclosed property If you are a tenant living in a property that was foreclosed upon you may be entitled to a 90 day notice before you can be evicted. The 90 day notice is required if the mortgage was federally related and you are a “bona fide” tenant. A bona fide tenant: is not the foreclosed homeowner or the spouse, child, or parent of the foreclosed homeowner negotiated their lease with the previous homeowner as if they were strangers, without giving or receiving any special favors, and is required to pay rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy These protections come from the Protecting Tenants in Foreclosure Act (PTFA). More information on the PTFA is available from the National Low Income Housing Coalition . 12 USC 5220 , note. If you receive a Summons and Complaint If you do not take care of the issues in your notice to vacate the landlord can file eviction documents in court and have you served with two important documents: A Summons: this tells you your rights. Once you receive the Summons you have only 3 business days to respond. A Complaint: this will explain why the landlord is evicting you. The Complaint should also have attachments: A copy of your lease A copy of the notice to vacate The day you receive the Summons and Complaint is day zero. So if you receive the Summons and Complaint on a Monday, you would have until the court closes on Thursday to respond. If you disagree with what the Complaint says, or parts of what it says, you can protect your rights by filing an Answer. How to file an answer The Answer lets the court know that you disagree with the Complaint and you want to be heard in court. Here are your options for filing an answer: Use MyCase (and file online) - requires you to use email Use the court form answer - 2100EV Use the Online Court Assistance Program (OCAP) - requires you to use email and a computer (not a phone or tablet) You can file your answer via email if you are worried about getting your response in on time. When you file your Answer, send a copy to the landlord or their attorney. See our explanation of Service of Other Papers for more information. If you do not file an Answer the landlord can get a default judgment against you. This means: You lose the cause automatically for not filing a response to the Complaint in time You can be evicted quickly Your landlord is entitled to any money they asked for in the Complaint Counterclaim In addition to filing an Answer you can also file a counterclaim. This means you are suing the landlord based on the issues you raise in your counterclaim. The landlord has 21 days to respond to your counterclaim. If they do not respond you can ask the court for a default judgment. For more information, see our page on Default Judgments . URCP 12. Who is the plaintiff? The Complaint must name the property owner as plaintiff. However, this can include the owner's designated agent (this could be a designated property manager). If the complaint is not filed in the name of the owner or their agent you can raise this issue in your Answer. Utah Code 78B-6-801 (5) and URCP 17 What happens after you file your answer After you file your Answer there will be a hearing. What kind of hearing will depend on the issues in your case. Occupancy hearing After you file the Answer you or your landlord can request an occupancy hearing. Once it is requested the court will hold a hearing within 10 days. The landlord must serve the following documents on the you at least 2 days before the hearing by the method most likely to be promptly received: Any document not already disclosed that will be presented at the hearing The name and contact information for each witness that will be called at the hearing A summary of the expected testimony of any witness that will be called You must serve the following documents on your landlord at least 2 days before the hearing by the method most likely to be promptly received: Any document not already disclosed that will be presented at the hearing The name and contact information for each witness that will be called at the hearing A summary of the expected testimony of any witness that will be called At the hearing the judge will decide who has the right to occupy the residence while the case moves forward. If you do not attend the hearing, the judge will issue an Order of Restitution for the premises and you can be evicted immediately. The Order of Restitution directs the sheriff or constable to evict the tenant and return possession to the landlord. If the judge finds that all of the issues can be decided without more hearings, the judge will decide those issues and enter judgment on the merits. If the judge decides there is a need for more information and hearings and the tenant remains in possession of the premises, the judge will begin the trial within 60 days after the day on which the Complaint was served unless the parties agree otherwise. Utah Code 78B-6-810 If the court does not automatically schedule a trial you or the landlord can file papers to ask the court for a trial. See our page on Getting Ready for Trial - Civil Cases for more information. Hearing for criminal nuisance If the case is for criminal nuisance the court will hold an evidentiary hearing, which is similar to an occupancy hearing. The hearing will be within 10 days of the day the Complaint is filed. Notice of the hearing must be served on the tenant with the Summons at least 3 calendar days before the hearing. Utah Code 78B-6-810 (3) If you receive notice of a possession bond You could receive notice the landlord has filed a possession bond. They must have this served on you in the same manner as the Summons. See our webpage on service for more details. The notice must inform you of all of the remedies and procedures available to you under Utah Code Section 78B-6-808(4) . The possession bond lets the landlord evict you and take possession of the residence while the eviction case moves forward. The landlord is required to deposit money or a promise to pay with the court to cover your damages if, in the end, you win. The judge must approve the amount of the bond. The amount must be enough to pay your probable costs and damages if the court awards judgment for you and against the landlord. The bond may be a corporate or cash bond or certified funds. The court will hold the money in trust until the case is finished. The bond may be a property bond executed by two persons who own real property in the state and who are not parties to the action. A property bond must meet the requirements of URCP 72 . Once the possession bond is filed and served, you have the following options: Within 3 business days after being served with notice of the bond, you can demand a hearing, which must be held within 3 business days If the eviction is based solely upon failure to pay rent or other money due, the rental agreement will remain in force and the Complaint will be dismissed if the you pay all accrued rent accrued rent, all other money due, and other costs, including attorney fees, as provided in the rental agreement. You must do this within 3 calendar days after service of the notice of the possession bond For any eviction, you can remain in possession of the residence by filing a counter bond. The counter bond must meet the same requirements as the original possession bond. Any prepaid rent is a portion of your counter bond. You must file the counter bond within 3 business days after service of notice of the landlord's possession bond or within 24 hours after the court sets the amount of the counter bond, whichever is later, unless the court allows additional time. If you do not comply with any of the remedies and procedures, the court will enter an Order of Restitution. This tells the sheriff or constable to evict you and return possession of the residence to the landlord. Hearing If the court rules after the hearing that the landlord is entitled to possession of the residence, the court will enter an Order of Restitution. If the court allows you to remain in possession and if further issues must be decided, the court will require you to post a counter bond. The court will expedite the remaining proceedings. If the court rules that all issues between the parties can be decided without further proceedings, the court will decide who wins. Utah Code 78B-6-808 If you receive an Order of Restitution An Order of Restitution is the order from the court to a sheriff or constable ordering you to be evicted. The order will tell you: You must vacate the residence, remove your personal property, and restore possession of the residence to the landlord, or be forcibly removed by a sheriff or constable; When you must vacate - usually 3 calendar days following service of the order, but it might be less; and About the right to a hearing to contest how the order is enforced. Tell the court how to contact you If the sheriff evicts you, the landlord can still ask for a judgment against you to make you pay money. The landlord only has to send notice to your last known address. You can challenge the request for judgment. Tell the court your new address so you get notices. See our page on Notifying the Court of Address, Contact Information or Name Changes for more information. Are there requirements for the Order of Restitution? The Order of Restitution must be served along with a Request for Hearing Regarding Enforcement of an Order of Restitution form (available in the forms section below). The Request for Hearing form lets you request a hearing if you think your rights were violated. This form does not stop the eviction and is not an appeal. Both forms must be served by a sheriff, constable or private investigator. They must serve the documents by: By delivering it to you personally By mailing it registered or certified mail, or an equivalent means, to you at your residence If you are absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to your residence, or If a person of suitable age or discretion cannot be found at the residence, by affixing it in a conspicuous place at the residence What are my options now? There are not many options when you receive the Order of Restitution. Here are some possible next steps: Move out - if you can't take all of your belongings with you, plan to at least take: Important documents, like identification, social security cards, and birth certificates Things you need for your health, like medicine, medical supplies, glasses, and important medical records Cherished objects, like treasured photos, momentos, and other things that have a strong sentimental value Try to work something out with your landlord - your landlord is not required to talk to you or to let you stay, but you can try talking to them and offering them something to give you more time What can I do to stop the eviction? Filing the Request for Hearing Regarding Enforcement of an Order of Restitution does not stop the eviction. If you want to ask the court to stop the eviction you can try filing one or both of these: a Motion to Set Aside Judgment . This asks the court to undo the eviction order. The court must wait 14 days before it can rule on the motion unless you ask the court to delay enforcement of the order. a Motion to Delay Enforcement of Judgment . This asks the court to delay the eviction order. The eviction could still move forward unless you ask the court to set aside the eviction order. But the court cannot grant the motion to delay unless you post a bond for a large enough amount to pay the landlord's probable costs, attorney fees, and damages (including unpaid rent) if the court decides in favor of the landlord. Any prepaid rent is a portion of the tenant's bond. If you don't know where you will be able to stay, contact Utah 2-1-1 for help in your county. Utah Code 78B-6-812 (2)(b) and 78B-6-808 (4)(b) and URCP 60 and 62 What are my rights after I get evicted? If you do not move out as required in the Order of Restitution, a sheriff or constable may enter the residence by force to remove you. After that, you are not allowed to reenter the residence. However, the landlord must give you reasonable access within 5 business days to retrieve: Clothing Identification Financial documents, including all those related to the tenant's immigration status or employment status Documents about the receipt of public services, and Medical information, prescription medications, and any medical equipment required for maintenance of medical needs You have the right to retrieve these items without paying any storage costs. Other items that you leave behind can be removed by the sheriff or constable or can stay in the residence. The landlord is allowed to charge you a reasonable moving or storage cost for these items. If you want your belongings back you must: Contact the landlord to find out what the storage or moving costs are Write the landlord to request your belongings Pay the costs for moving and storing you belongings If you do not pay the moving and storage costs and recover your personal property within 15 calendar days, the property is considered abandoned. The landlord can then sell or donate these items. For more information, see our page on Tenant's Personal Property . What if the landlord violates my rights? You can request a hearing if you disagree with how the Order of Restitution is enforced. The landlord must have you served with a blank Request for Hearing Regarding Enforcement of an Order of Restitution form along with the Order of Restitution. You can also find the Request for Hearing in the forms section below. The Request for Hearing does not stop the eviction. Possible reasons to request a hearing include: You were not properly served with a copy of the Order of Restitution You were not given the time ordered by the court to move out Your property is not being stored in a suitable place or in a suitable manner, or both There are problems with getting personal belongings returned The removal and storage costs the landlord is charging are unreasonable You were not provided with a copy of the inventory of the property removed You demanded return of their property within 15 days of the date it was removed and paid all costs associated with its removal and storage, but the property was not returned Someone other than you delivered a written demand for the release of their property to the constable or sheriff, and provided proper identification and evidence of ownership, but the property was not returned There are problems with the sale of the property A written notice of the time and place of sale of your property was not mailed to you You attended the sale of their property, but the remainder of the property was not released to you after you paid for costs of removal, storage, advertising, and conducting the sale After your property was sold there was money left over after the costs for removal, storage, advertising and conducting the sale, and paying landlords judgment, but that money was not returned to you The court will set the hearing within 10 calendar days from the day you file the Request for Hearing or as soon as possible after that. Utah Code 78B-6-812 If you receive an Affidavit of Damages or papers requesting a judgment A landlord can request a judgment against you that orders you to pay them money. They can request a judgment when you: Lose the case because you did not file an Answer Fail to appear at the occupancy hearing, if the court strikes your Answer and enters a default Lose at trial. If you lost your case because you did not file an Answer or you failed to appear at the occupancy hearing, see our page on Motion to Set Aside Default or Judgment for more information. The landlord must send you the papers requesting judgment. They can send these through the regular mail or even email. The papers will be sent to the address you have been evicted from if you have not provided a new address. What can be included in the judgment? The judgment will end the rental agreement, but you will still owe the rent for the remainder of the agreement. However, this amount is limited by the landlord's duty to reduce damages - this means the landlord must try to rent the residence to someone else as soon as reasonably possible. The judgment can also be also be for three times the actual damages for: The daily rental value of the residence for each day the tenant stayed in the rental after the notice expired; Forcible entry; Repair of waste of the premises; and The amounts due under the contract if the eviction is for nonpayment of rent or other amounts due under the contract; The abatement of the nuisance by eviction. The landlord must prove all of these damages, and the amount of rent owed. Utah Code 78B-6-811 How do I challenge the request for judgment? Once you receive the request for judgment you have 7 calendar days to let the court know if you oppose the request. If you disagree with the landlord's calculations or other claims for damages you can challenge the request by filing an Objection to Form of Judgment, available in the forms section below. You would need to file your objection and serve it on the landlord under URCP 5 . See our explanation of Service of Other Papers for more information. Once you file and serve your Objection to Form of Judgment the court could either make a decision based on the papers that have been filed or it could schedule a hearing. At the hearing you can explain to the court why you think the landlord's request for judgment is wrong. URCP 54 or URCP 58A Forms 2100EV Use OCAP to prepare an Answer to the Complaint prepare a response to a possession bond Request for Hearing Regarding Enforcement of an Order of Restitution - PDF | Word 1113GE Judgment for Defendant for Unlawful Detainer - PDF | Word Utah Legal Services eviction forms Basic guide to Answering an eviction Complaint - PDF Request for Return of Personal Property - PDF Resources 2-1-1 Eviction help Homeless Shelters People's Legal Aid Utah Housing Authorities Utah Legal Services - Housing Information |
Landlord-Tenant Eviction Road Map of the Eviction Process - PDF Abandoned Premises Refunding Renters' Deposits Tenants Personal Property |
Abandoned Premises Page Menu Related Information Landlord-Tenant main page Abandoned premises defined A landlord cannot evict a tenant without a court order. However, a landlord can recover possession if the premises have been abandoned. There are two circumstances in which a landlord can decide the premises have been abandoned. One There is no evidence the tenant is occupying the premises other than the tenant's personal property in the premises, and the tenant has not notified the owner that they will be absent, and the tenant fails to pay rent within 15 days after the due date. Two The tenant's personal property has been removed from the premises, and the tenant has not notified the owner that they will be absent, and the tenant fails to pay rent when due. Utah Code Section 78B-6-815 . Declaration of abandonment - 24 hours to respond If the requirements for deciding that the premises described in the Abandoned premises defined section above have been met, the landlord's next step is to serve the tenant with a declaration of abandonment. The required contents of the declaration are described in Utah Code Section 78B-6-815 . The landlord must serve the declaration of abandonment on the tenant in one of these ways: by delivering it to the tenant personally; by mailing it registered or certified mail to the tenant at the tenant's residence; if the tenant is absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to the tenant at the tenant's residence; or if a person of suitable age or discretion cannot be found at the tenant's residence, by affixing it in a conspicuous place on the premises. Utah Code Section 78B-6-805 . The tenant has 24 hours (not counting Saturdays, Sundays, or state or federal holidays) to dispute the declaration of abandonment. The dispute must be in writing and explain why the premises have not been abandoned. The written dispute must be served using one of the methods above, and must be served within 24 hours. Removing and storing the tenant's personal property If the premises is abandoned, the landlord may take possession and try to rent it at a fair rental value. If there is personal property on the abandoned premises, the landlord may make a list of it, remove it, store it, and recover the moving and storage costs from the tenant. In order to legally remove the tenant's personal property, the landlord must follow the procedures described in the Declaration of abandonment - 24 hours to respond section above. Utah Code Section 78B-6-816 . A landlord is not required to store: chemicals, pests, potentially dangerous or other hazardous materials; animals, including dogs, cats, fish, reptiles, rodents, birds, or other pets; gas, fireworks, combustibles, or any item considered to be hazardous or explosive; garbage; perishable items; or items that when placed in storage might create a hazardous condition or a pest control issue. These items may be disposed of immediately upon determination that the premises have been abandoned, and the tenant cannot recover them. Removing a motor vehicle Utah Code Section 78B-6-816 does not authorize the landlord to remove a motor vehicle from abandoned premises. Instead the landlord must either: Have the vehicle towed, or Call the police and ask that the vehicle be towed as abandoned (which means it has been left for more than seven days without permission). A "motor vehicle" is any self-propelled vehicle intended primarily for use on the highways. A vehicle includes a motor vehicle, trailer, semitrailer, off-highway vehicle, manufactured home, and mobile home. Utah Code Section 41-1a-102 . Recovering tenant's personal property If the landlord has removed and stored the tenant's personal property, the tenant may recover the personal property within 15 calendar days from the date of the notice by paying the landlord's costs to move and store the property. For more information, see our page on Tenant's Personal Property . Tenant's liability for money damages if the premises have been abandoned Under Utah Code Section 78B-6-816 , a tenant who abandons the premises is liable for the lesser of: the rent for the remainder of the term; or the rent accrued during the time necessary to rent the premises at a fair rental value, plus the difference between the fair rental value and the rent agreed to by the tenant, plus a reasonable commission for renting the premises, plus the costs necessary to restore the premises to their condition when rented by the tenant less normal wear and tear. |
Criminal Trespass by a Long-term Guest Page Menu Related Information Eviction Finding Legal Help Free Legal Clinics Mediation Road map of the eviction process - PDF Utah Code Section 76-6-206.4 Utah Legal Services – criminal trespass by long-term guest information Criminal trespass by a long-term guest Utah law allows an owner (or primary occupant, or someone with "apparent authority" to act for the primary occupant) of a residence to remove a guest who has overstayed their welcome without going through a court process if certain requirements are met. A primary occupant can be a tenant or an owner of the residence. Utah Code Section 76-6-206.4 . Difference between a tenant and a long-term guest A long-term guest has been given permission (express or implied) by the owner (or primary occupant) to stay at the residence for 48 hours or longer, and has not provided anything of value in exchange for living there. A tenant has a rental agreement or lease (written or oral), has given the owner (or primary occupant) something of value in exchange for living there, or both.Something of value can include money, an exchange of labor, or contributing toward household expenses such as utilities or groceries. Process The owner's (or primary occupant's) first step is to give the long-term guest notice by "personal communication" that they want them to leave. This personal communication can be in writing or oral. If the long-term guest does not leave after receiving the notice, the owner or primary occupant can call the police and ask them to remove the guest.The police will determine whether the person is a tenant or a long-term guest. If the police determine that the person is a long-term guest, they will remove the person from the residence. They could also arrest the long-term guest for criminal trespass. The police must give the guest a reasonable time to gather their belongings. If the police determine that the person is a tenant, the owner could start an eviction case in court. See the Eviction web page for more information about that process, and forms. Utah Legal Services has information that may help a tenant if a landlord is trying to have them removed under this process. Criminal trespass Violation of Utah Code Section 76-6-206.4 is a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. |
Getting Ready for Trial – Civil Cases Page Menu Related Information Divorce Education Classes Disclosure and Discovery Finding Legal Help Free Legal Clinics Going to Court Initial Disclosures Notice of Pronouns Mediation Notice of Event Due Dates Serving Papers Utah Rule of Civil Procedure 16 This page explains how to request a trial, what happens at trial and the basics of how to prepare for trial. Trial is complicated. This page doesn't cover everything you need to know about getting ready for trial. Consider getting legal help for this part of your case. How to request a trial Sometimes the court schedules a trial automatically. This can happen as soon as an answer is filed. If your case has already been scheduled for trial, read about pretrial conferences and other details about getting ready for trial below If your case has not been scheduled for trial, you must schedule one To ask for a trial, file a Certification of Readiness for Trial. This is available in the forms section below. The Certification tells the court that the case is ready for trial because: All required pleadings have been filed The court has decided on all motions that have been filed All discovery has been completed. ( Utah Rule of Civil Procedure 26 to 26.4). Required mediation or alternative dispute resolution (ADR) has been completed, mediation has been excused , or your case is exempt from mediation. Cases exempt from ADR are listed in Utah Code of Judicial Administration Rule 4-510.06 Utah Rule of Civil Procedure 16 Pretrial conference When the court receives the Certification of Readiness for Trial it will schedule a pretrial conference. A pretrial conference is a meeting with the parties, their attorneys (if they have attorneys) and the judge or commissioner assigned to the case. The judge or commissioner will lead a discussion about: Whether the parties can settle some parts or all of the case – the case could be assigned to another judge for help with settlement How long the trial will take, how many witnesses each side plans to call Deadlines to prepare for trial and when the trial will be scheduled Utah Rule of Civil Procedure 16 lists the issues that may be addressed at the pretrial conference. In Judicial Districts 1, 2, 3 and 4 , parties are required to attend a pretrial conference. In Judicial Districts 5, 6, 7, and 8 , a pretrial conference is optional. Either party may request one. After the pretrial conference the parties should contact the judicial assistant for their judge to schedule the trial. See the court directory for contact information. Trial issues One of the documents the parties must prepare before a pretrial conference is called Trial Issues. This is a list of issues that will be decided at trial, and what each party's position is on that issue. This document will be used to identify the specific issues in dispute, and to clarify what each party's position is on those issues. If something is not listed on that form, that issue cannot be raised at the trial. Evidence at trial Trial is your chance to present proof to the court that supports your side of the story. This proof could be the testimony of witnesses, documents, emails, or something else. This is called evidence. The judge will consider whether or not the evidence you provide at trial is "admitted into evidence." What is admitted into evidence can be important. At the end of the trial the court will decide what happens. The court will only consider evidence that has been admitted and apply it to the applicable law in your case. The rules about what information a judge can consider are called the Utah Rules of Evidence . Pay careful attention to the deadlines below and to the rules of evidence to help you get your evidence admitted at trial. Pretrial disclosures The court might issue a pretrial order after the pretrial conference. The deadlines for your case are based on the pretrial order. If there is no pretrial order then the deadlines below will apply. At least 28 days before trial (or 14 in an eviction case), the parties are required to exchange evidence. This is similar to the initial disclosures . Required exchanges include: Names, addresses and telephone numbers for each witness to be called to testify (unless the witness is to attack the credibility of another witness) Names of witnesses whose testimony will be presented by transcript of a deposition and a copy of the transcript with the proposed testimony highlighted Copies of each exhibit, including charts, summaries and demonstrative exhibits (unless the exhibit is used to attack the credibility of a witness) At least 14 days before trial (or 7 in an eviction case), the parties are required to serve: Objections to admissibility of exhibits or use of deposition testimony (sometimes these objections are called motions in limine). Objections to admissibility are governed by the Utah Rules of Evidence . Generally, not objecting means the evidence can be admitted at trial. Selections from transcripts from deposition received from the other party they plan to use. Utah Rule of Civil Procedure 26(a)(5) . Informal Trial of Support, Custody and Parent-Time If both parties in a domestic case agree, they can have an informal trial on issues related to support, custody or parent-time, or some combination of these issues. The rules for this kind of trial are different. You can find more information on the Informal Trial of Support, Custody and Parent-Time web page. Preparing for trial There are many different parts to a trial. Below is a summary of what happens and what to prepare for. Going to trial is complicated. Consider getting legal help for this part of your case. Aspect of trial Preparation involved At the beginning of the trial each party makes an opening statement summarizing their case and the evidence they will present. Prepare an opening statement. The petitioner or plaintiff presents evidence that supports their case. This could be testimony from a witness, documents or something else. The respondent or defendant is then given the same opportunity. After each witness, the other party will be given the chance to ask the witness questions. This is called cross-examination. Prepare questions for witnesses you plan to call and questions to cross-examine any witnesses the other party plans to call. Organize and number all evidence you plan to present to the court and be prepared to argue why the court should consider your evidence under the Utah Rules of Evidence . After all the evidence is submitted each side makes closing arguments summarizing their case and arguing why they should win based on the law. Make sure you know the law involved in your case and prepare arguments for why you should win based on the evidence in the case. Other ways to prepare for trial include going to observe another trial so you can see what happens and know what to expect. You can look at the court calendar to see if a case is scheduled for trial, but most cases end up settling. Read more about getting ready on the Going to Court web page . Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance 1270FA Trial issues - PDF | Word Something else 1250GE 1260GE |
Refunding Renters' Deposits Page Menu Related Information Abandoned Premises Eviction Process Finding Legal Help Free Legal Clinics Going to Court Mediation Road map of the eviction process - PDF Tenant's Personal Property Utah Code Section 57-17-1 to -5 (Residential Renters' Deposits) Refundable deposits The landlord must return to the tenant any refundable deposit and pre-paid rent once the tenancy has ended, subject to some conditions. Deposits are considered refundable unless they were designated as non-refundable - in writing - at the time the landlord took the deposit from the tenant. Utah Code Section 57-17-2 . Deductions from deposits Once the tenancy has ended, the landlord can deduct from the deposit: payment of rent, damages beyond reasonable wear and tear, cleaning, and other costs provided for in the contract. Utah Code Section 57-17-3(1) . If the landlord deducts any amount from the deposit, they must provide the tenant with a written, itemized list of those deductions. Utah Code Section 57-17-1 . How soon the deposit must be refunded The landlord must refund the deposit within 30 days after the tenancy has ended. The refund must be delivered to the tenant's last-known address. The tenant should be sure to notify the landlord of their current address. In addition to the deposit refund, the landlord must provide: the balance of any prepaid rent, and a written notice itemizing and explaining any deductions the from the deposit or prepaid rent. Utah Code Section 57-17-3(2) . If the landlord does not follow the law about refunding deposits If the landlord does not return the tenant's deposit within 30 days, or if the landlord does not provide an itemized list of deductions, the tenant may give the landlord (or their agent) a Tenant's Notice to Provide Deposit Disposition. The Notice is provided in the Forms section . Serving the Tenant's Notice to Provide Deposit Disposition The Tenant's Notice to Provide Deposit Disposition can be given to the landlord ("served") one of these ways: by delivering a copy to the owner (or their agent) personally at the address provided in the lease agreement; if the owner or the owner's agent is not at the address provided in the lease agreement, by leaving a copy with a person of suitable age and discretion at the address; or if a person of suitable age or discretion cannot be found at the address, by affixing a copy in a conspicuous place at the address provided in the lease agreement; or by sending a copy through registered or certified mail to the owner (or their agent) at the address provided in the lease agreement. If the landlord does not comply with the Tenant's Notice to Provide Deposit Disposition The landlord has 5 business days to comply with the Tenant's Notice to Provide Deposit Disposition. If they do not, the tenant can sue the landlord for these things: The full deposit - if the landlord doesn't return the balance of the tenant's deposit; The full amount of prepaid rent - if the landlord doesn't return the balance of the tenant's prepaid rent; and A civil penalty of $100. If the court finds the landlord acted in bad faith, it can also award the tenant court costs and attorney fees. Utah Code Section 57-17-5 . Forms 1381XX |
Tenant's Personal Property Page Menu Related Information Landlord-Tenant main page Removing tenant's personal property from the premises A tenant's personal property may legally be removed from the premises for only two reasons: If the tenant fails to move out after the court has issued an order for restitution of the premises , a sheriff or constable may make a list of the tenant's personal property, remove it and store it. The sheriff or constable may delegate responsibility for listing, moving and storing the tenant's property to the landlord. Utah Code Section 78B-6-812 . If the premises are abandoned, the landlord may make a list of the tenant's personal property, remove it and store it. In order to legally remove the tenant's personal property, the landlord must post in a conspicuous place a notice that the personal property is considered abandoned. The landlord must also mail a copy of the notice to the tenant at his or her last known address. Utah Code Section 78B-6-816 . For more information, see our page on Abandoned Premises . Recovering tenant's personal property - 15 day limit To get his or her personal property back, the tenant must first contact the landlord (or sheriff, constable) who is storing the property to find out the cost of listing, moving and storing it. The tenant must then deliver to the landlord a written demand for the property with evidence of ownership and pay the cost of listing, moving and storing it. Finally, the tenant must get the property. All of these things must be done within 15 calendar days after the date of the notice that the premises have been abandoned. After 15 days, the landlord may sell the personal property and can keep any amount the tenant owes. If the tenant has been evicted, the tenant can get some personal property back within 5 business days without paying anything. Under Utah Code Section 78B-6-812 , the landlord must provide the tenant with reasonable access to retrieve: clothing; identification; financial documents, including all those related to the tenant's immigration status or employment status; documents about the receipt of public services; and medical information, prescription medications, and any medical equipment required for maintenance of medical needs. If the sheriff or constable removes and stores the tenant's personal property, the sheriff or constable must provide the tenant with reasonable access to retrieve these items. For more information, see the Utah Legal Services webpages on Abandonment and Getting Your Property Back . Utah Legal Services also offers a Request for Return of Personal Property Form . Selling or donating unclaimed personal property Utah Code Section 78B-6-816 authorizes the landlord to sell or donate the tenant's personal property if it has been stored for at least 15 calendar days and the tenant has made no reasonable effort to get the property back, and no court hearing about the property is pending. Unless the landlord has already sold or donated the property, the tenant has an additional 15 calendar days to get it back if the tenant provides: a police report or protection order for situations of domestic violence; verification by a medical provider of an extended hospitalization; or a death certificate or obituary for the tenant's death (provided by an immediate family member). If the tenant fails to get his or her personal property in time, the landlord does not have to return the property or pay the tenant for the value of the property. Public sale of tenant's property If the landlord sells the property at a public sale, s/he may apply the money toward any amount the tenant owes. Any money over that amount must be paid to the tenant, if the landlord knows where to find the tenant. If the landlord does not know where to find the tenant, any surplus must be disposed of in accordance with Revised Uniform Unclaimed Property Act , including Part 2, Presumption of Abandonment. Notice of the public sale must be mailed to the tenant at his or her last known address at least 5 calendar days before the sale. If the tenant is not at the sale, all items may be sold. If the tenant is at the sale: the tenant may decide the order in which the personal property is sold; the landlord may sell only as much as is necessary to satisfy the amount owed; and any unsold property must be returned to the tenant. In addition to selling the tenant's personal property, the landlord may also have rights under Title 38, Chapter 3, Lessors' Liens , and any rights or liens under the rental agreement. |
Eviction Information for Landlords Page Menu Related Information Landlord-Tenant main page Abandoned Premises Criminal Trespass by a Long-term Guest Finding Legal Help Free Legal Clinics Getting Ready for Trial – Civil Cases Going to Court Mediation Refunding Renters' Deposits Tenant's Personal Property Utah Code Section 57-17-1 to -5 (Residential Renters' Deposits) This page includes information about the residential eviction process only. The page does not address commercial evictions. 1 Introduction This page explains how to evict a tenant. In general, an eviction case must be filed by the owner of the property. However, a tenant may evict a subtenant for the same reasons and using the same procedures as described on this page. If the property is owned by a business, like a corporation or an LLC, you must hire a licensed legal professional. See our Finding Legal Help page for information on how to get legal help. If you are a tenant and facing eviction, see our page on Eviction information for tenants . Generally the process to evict a tenant involves three steps: Step 1: serve the tenant a notice to vacate Step 2: file the Summons and Complaint and have them served Step 3: file the Order of Restitution and have it served Each step can take a few days. See the Road map of the eviction process for an overview of the process and timelines. Some procedures may vary from court to court. This page also has information on how to request a money judgment after the eviction. Is your tenant behind in rent? You can apply for rental assistance for your tenants who have not paid rent. Visit the Utah Department of Workforce Services for more information. Is your tenant's rent subsidized by the government? Under Code of Federal Regulations Title 24, Chapter VIII you must take special steps to evict a tenant from government subsidized housing. This includes tenants with section 8 and HOPWA vouchers. You might want to get legal advice. See our Finding Legal Help page for information on how to get legal help. Are you evicting your tenant from a mobile home park? If you are evicting a tenant who: Lives in a mobile home Owns their mobile home, and Rents a lot from you in a mobile home park Then the tenant could have extra legal protections. The process for eviction is governed by Utah Code Title 57, Chapter 16, Mobile Home Park Residency Act . You might want to get legal advice. See our Finding Legal Help page for information on how to get legal help. It is against the law to evict your tenant without a court order If you have a tenant, you must get a court order to evict your tenant. Without a court order, you cannot: Change the tenant's locks Shut off the tenant's utilities Take the tenant's belongings Harass the tenant or Block the tenant from entering their unit Do you have a tenant? You have a tenant if you: Have a written lease Gave your oral permission for the tenant to live in the unit Have received something valuable (money, labor, help with the bills) from the tenant in exchange for letting them live there Utah Code 78B-6-814 Utah Legal Services has more information about illegal lockouts. If you do not have a tenant you could have a long-term guest. A long-term guest doesn't meet the requirements for being a tenant. A long-term guest can be removed with police help. See our page on criminal trespass law for more information. Step 1: Serve the tenant a notice to vacate View Instructions: Step 1: Serve the tenant a notice to vacate The first step in the eviction process is to serve the tenant with a notice to vacate. Choose the notice You must choose the right notice for your situation. The notices described below are available in the forms section. Fill out the notice and serve it on your tenant. If the tenant is properly served with a notice and does not comply with it, they are considered to be in "unlawful detainer" for each day they remain in the residence after the deadline on the notice. Utah Code 78B-6-802 Is your property backed by Fannie Mae or Freddie Mac? View Details: Is your property backed by Fannie Mae or Freddie Mac? The Federal Housing Finance Agency (FHFA) requires some tenants to be given a 30 day notice before they can be required to leave their units . Some tenants are entitled to a 30 day notice before they can be required to leave their units. This applies to: All landlords with mortgages that are backed by Fannie Mae or Freddie Mac and All evictions for nonpayment of rent If the landlord has a mortgage that is in forbearance, there are more protections – the landlord cannot: Evict a tenant for unpaid rent or late fees or Charge late fees or penalties for back rent Additionally, landlords in forbearance are required to give tenants written notice of the property's forbearance and of their rights under forbearance. 3 day notice to comply with lease or vacate View Details: 3 day notice to comply with lease or vacate This notice is used if the tenant has violated a term of the rental agreement that can be corrected. This notice tells the tenant they have 3 calendar days to comply with the agreement or move out. If the tenant complies with the agreement, then they can stay in the residence. 3 day notice to pay or vacate View Details: 3 day notice to pay or vacate This notice is used if the tenant owes rent or other money. This notice tells the tenant they have 3 business days to pay all of the money listed on the notice or move out. It must give the tenant the option to pay all of the money. If the tenant pays all of the money, then they can stay in the residence. If the tenant moves out and still owes money you can sue them for the money they owe by filing a small claims case or a civil case depending on the amount of damages you claim. Utah Code 78B-6-816 3 day notice to comply with lease or vacate View Details: 3 day notice to comply with lease or vacate This notice is used if the tenant has violated a term of the rental agreement that can be corrected. This notice tells the tenant they have 3 calendar days to comply with the agreement or move out. If the tenant complies with the agreement, then they can stay in the residence. 3 day notice to vacate for nuisance View Details: 3 day notice to vacate for nuisance This notice is used if the tenant is creating a nuisance. A nuisance is something that interferes with someone else's comfortable enjoyment of their life or property. It can include anything that injures health, is indecent, offensive to the senses, or interferes with someone's free use of property. There are two types of nuisance: criminal nuisance and non-criminal nuisance. No matter what type of nuisance, the notice gives the tenant 3 calendar days to move and does not have to give them any other options. Examples of non-criminal nuisance include: Disturbing other tenants or neighbors Having parties so frequently as to interfere with any neighbor's quiet enjoyment Having so many visitors so frequently as to interfere with any neighbor's quiet enjoyment Smoking, and the tenant's tobacco smoke drifts into another residence, but only if the landlord prohibits smoking in all units Buying, selling, manufacturing, storing, or dispensing illegal drugs or ingredients for illegal drugs* Gambling which interferes with any neighbor's quiet enjoyment* Regularly committing prostitution or promoting prostitution* Weapons violations contrary to Utah Code 76-10-501 et seq. Committing criminal acts along with another person. These acts are determined by statute, but may include such things as assault, homicide, kidnapping, felony sexual offenses, sexual exploitation of a minor, destruction of property, burglary, criminal trespass, robbery, aggravated robbery, theft, fraud, extortion, bribery, explosives offenses, weapons offenses, pornography, communications fraud* * If these acts meet the definition for criminal nuisance, you can use a criminal nuisance notice. Examples of criminal nuisance include: Committing a felony Committing a criminal act affecting the health or safety of a tenant, the landlord, the landlord's agent, or other person on the landlord's property Committing a criminal act causing damage or loss to any tenant's property or the landlord's property Committing a drug or gang related criminal act Threatening violence against any tenant or other person on the property, or against the landlord or the landlord's agent Committing any other criminal act that directly impacts the peaceful enjoyment of the property by any tenant or neighbor, for example, violating building or health codes 3 day notice to vacate for assigning or subletting contrary to rental contract View Details: 3 day notice to vacate for assigning or subletting contrary to rental contract This notice is used if the tenant has allowed someone else to live in the property in violation of the rental contract. This notice orders the tenant to move out within 3 calendar days. It does not have to give them any other options. 3 day notice to vacate for committing waste on the premises View Details: 3 day notice to vacate for committing waste on the premises "Waste" is harm to the residence - it can be physical harm, failure to maintain the property, or a failure do something else, like a failure to pay taxes (if that is required under the lease). This notice is used if the tenant is damaging or has damaged the landlord's property, but not necessarily rising to the level of nuisance. (If the damage caused by the tenant meets the criteria for either nuisance or criminal nuisance, the landlord should use the appropriate nuisance notice instead.) This notice orders the tenant to move out within 3 calendar days. It does not have to give them any other options. 3 day notice to vacate for engaging in unlawful business on or in the premises View Details: 3 day notice to vacate for engaging in unlawful business on or in the premises This notice is used if the tenant is engaging in an unlawful business on the landlord's property, but not necessarily rising to the level of nuisance. (If the business meets the criteria for either nuisance or criminal nuisance, the landlord should use the appropriate nuisance notice instead.) This notice orders the tenant to move out within 3 calendar days. It does not have to give them any other options. 3 day notice to vacate for lease violation which cannot be brought into compliance View Details: 3 day notice to vacate for lease violation which cannot be brought into compliance This notice is used if the tenant has violated the lease and there is no way that they can fix the violation. This notice orders the tenant to move out within 3 calendar days. It does not have to give them any other options. 3 day notice to vacate for committing criminal act on the premises View Details: 3 day notice to vacate for committing criminal act on the premises This notice is used if the tenant has committed a criminal act, but not necessarily rising to the level of criminal nuisance. If the criminal act meets the criteria for criminal nuisance, the landlord should use that notice instead. This notice orders the tenant to move out within 3 calendar days. It does not have to give them any other options. Notice to vacate by end of rental period (15-day notice to vacate) View Details: Notice to vacate by end of rental period (15-day notice to vacate) This notice can be used to end a tenancy that does not have a set end date. This can include a tenancy that goes from month to month or some other rental period. The landlord does not have to have a reason for wanting the tenant to vacate. The notice must be served at least 15 calendar days before the end of the rental period. Otherwise, the tenant can stay until the end of the next rental period. If the rental agreement requires that more than 15 days notice be given, the landlord must give the longer notice required by the agreement. This notice orders the tenant to move out by the end of the rental period. It does not have to give them any other options. 5 day notice to vacate to tenant at will View Details: 5 day notice to vacate to tenant at will This notice can be used only if there is no rental agreement, oral or written. This situation may occur if: A guest refuses to leave The rental agreement has expired and the landlord has told the tenant that the contract will not be renewed A new owner has purchased the property through bankruptcy, foreclosure, or sheriff's sale and has received a title terminating all rental contracts. (If the new owner is evicting a tenant after purchasing the property in a regular sale and the tenant is on a month-to-month tenancy, the new owner must serve the tenant with a 15-day notice. Otherwise, the tenant has a right to live in the home until the rental agreement expires) This notice orders the tenant to move out within 5 calendar days. It does not have to give them any other options. How to serve the notice to vacate (eviction notice) The notice to vacate can be served by any person, including the landlord. It must be served in one of the following ways: By delivering it to the tenant personally By mailing it registered or certified mail, or an equivalent means, to the tenant at the tenant's residence If the tenant is absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to the tenant at the tenant's residence, or If a person of suitable age or discretion cannot be found at the tenant's residence, by affixing it in a conspicuous place on the property Utah Code 78B-6-805 Step 2: file the Summons and Complaint and have them served View Instructions: Step 2: file the Summons and Complaint and have them served If the tenant does not comply with a notice to vacate (eviction notice) that was validly served on them you can take the next step in the eviction process. This involves filing papers with the court and then having them served on the tenant. You can use OCAP to prepare papers. File the following documents with the court: A Summons - giving the tenant 3 business days from the date of service to respond to the Complaint A Complaint The written rental agreement (if there was one) The eviction notice that was served An itemized calculation of past-due rent, damages, costs and attorney fees, if any An explanation of the factual basis for the eviction, and Notice to the defendant of the defendant's required disclosures Who is the plaintiff? The Complaint must name the property owner as plaintiff. If the property is owned by an entity, like a corporation or an LLC, they must be represented by a lawyer in the case. Utah Code 78B-6-801 and URCP 17 Who is the defendant? The tenant and anyone who has signed the lease can be named as defendants. A tenant includes a subtenant, a guest or a relative, even if not paying rent. If there is a subtenant occupying the residence, the subtenant also can be named as a defendant. You might want to get advice about whether to name minors living in the residence as defendants in the lawsuit. See our page on Finding Legal Help for more information. The landlord does not have to specifically name all of the people occupying the residence as defendants. For example, if the landlord does not know the name(s) of some of the people, s/he may refer to them as "John Doe" or "Jane Doe." However, the landlord can get a judgment only against tenants who are properly served, or who appear in the proceedings. Utah Code 78B-6-806 A tenant may evict a subtenant for the same reasons and using the same procedures as described on this page. Utah Code 78B-6-804 Serving court documents on the tenant After you file your documents, arrange to have them served on the tenant. The rules regarding service of the court documents are more strict than the rules for serving the notice. See our webpage on service for details about how to have the Complaint served . Once the Summons and Complaint have been served, file proof of service with the court. If you can't find the tenant or you don't know their identity or if service on all of the tenants isn't practical, you can file a motion asking to serve by alternative means. For more information and forms, see our Alternative Service page . URCP 4 and Utah Code 78B-6-807 Next steps What happens next depends on what the tenant does. If the tenant files an Answer to the Complaint you can request an occupancy hearing. If the tenant does not file an Answer you can request a default judgment. Occupancy hearing If your tenant files an Answer, you can request an occupancy hearing. You can get the forms to request the occupancy hearing from OCAP , in the same interview you used to prepare your court papers. The court will hold a hearing within 10 days. You must serve the following documents on the tenant (or their attorney) at least 2 days before the hearing by the method most likely to be promptly received: Any document not already disclosed that will be presented at the hearing The name and contact information for each witness that will be called at the hearing A summary of the expected testimony of any witness that will be called The tenant (or their attorney) must serve the following documents on you at least 2 days before the hearing by the method most likely to be promptly received: Any document not already disclosed that will be presented at the hearing The name and contact information for each witness that will be called at the hearing A summary of the expected testimony of any witness that will be called At the hearing the judge will decide who has the right to occupy the residence while the case moves forward. If the tenant does not attend the hearing after having received notice, the judge will issue an Order of Restitution . This order directs the sheriff or constable to evict the tenant and return possession to you. If the judge finds that all of the issues can be decided without more hearings, the judge will decide those issues and enter judgment on the merits. If the judge decides there is a need for more information and hearings (such as whether the tenant is responsible for damage to the rental premises) and the tenant remains in possession of the residence, the judge will begin the trial within 60 days after the day on which the Complaint was served unless the parties agree otherwise. Utah Code 78B-6-810 If the court does not automatically schedule a trial you can file papers to ask the court for a trial. See our page on Getting Ready for Trial - Civil Cases for more information. Hearing for criminal nuisance If the case is for criminal nuisance the court will hold an evidentiary hearing, which is similar to an occupancy hearing. The hearing will be within 10 days of the day the Complaint is filed. Notice of the hearing must be served on the tenant with the Summons at least 3 calendar days before the hearing. Utah Code 78B-6-810(3) Alternative to occupancy hearing: possession bond View Instructions: Alternative to occupancy hearing: possession bond If you don't want to wait 10 days for an occupancy hearing you can file for a possession bond. This allows you to take possession of the residence while the eviction case moves forward, and have money to pay the tenant's damages if, in the end, you are not entitled to possession. But a possession bond may not be needed. Eviction cases are designed to conclude quickly. The judge must approve the amount of the bond. The amount must be enough to pay the tenant's probable costs and damages if the court awards judgment for the tenant and against you. The bond may be a corporate or cash bond or certified funds. A cash bond is money deposited with the court. The court will hold the money in trust until the case is finished. If you win, the court will return the money to you upon request. The bond may be a property bond executed by two persons who own real property in the state and who are not parties to the action. A property bond must meet the requirements of URCP 72 . You must notify the tenant that you have filed a possession bond. You must serve this in the same manner as the Summons. See our webpage on service for more details. The notice must inform the tenant of all of the remedies and procedures available to the tenant under Utah Code Section 78B-6-808(4) . Remedies and procedures available to tenant after landlord's possession bond The tenant has the following remedies and procedures available after you file the possession bond: Within 3 business days after being served with notice of the bond, the tenant may demand a hearing, which must be held within 3 business days after the tenant's demand If the eviction is based solely upon failure to pay rent or other money due, the rental agreement will remain in force and the Complaint will be dismissed if the tenant, within 3 calendar days after service of the notice of the possession bond, pays accrued rent, all other money due, and other costs, including attorney fees, as provided in the rental agreement For any eviction, the tenant may remain in possession of the residence by filing a counter bond. The counter bond must meet the same requirements as the original possession bond. Any prepaid rent is a portion of the tenant's counter bond The tenant must file the counter bond within 3 business days after service of notice of the landlord's possession bond or within 24 hours after the court sets the amount of the counter bond, whichever is later, unless the court allows additional time If the tenant does not comply with any of the remedies and procedures, the court will enter an Order of Restitution . Hearing demanded by the tenant If the court rules after the hearing demanded by the tenant that you are entitled to possession of the residence, the court will enter an Order of Restitution. If the court allows the tenant to remain in possession and if further issues must be decided, the court will require the tenant to post a counter bond. The court will expedite the remaining proceedings. If the court rules that all issues between the parties can be decided without further proceedings, the court will decide who wins. Utah Code 78B-6-808 If the tenant does not file an Answer If the tenant does not file an Answer within the time allowed, you can ask for a default judgment. This means you get what you asked for in the Complaint, including an Order of Restitution (the actual eviction order) and a money judgment against the tenant for the amount of money you claimed that the tenant owes you. For more information, see our page on Default Judgments . You can find the default judgment forms in OCAP, using the same interview you used to prepare your court papers. When you file for default judgment you will have to tell the court if any of your tenants are in the military. If a tenant is on active duty in the military the court could delay the eviction for 90 days. The delay could be longer or shorter depending on the circumstances. 50 US Code 3951 Step 3: file the Order of Restitution and have it served View Instructions: Step 3: file the Order of Restitution and have it served The court could grant your request for an Order of Restitution after an occupancy hearing, a trial or a default. The Order of Restitution tells the tenant: They must vacate the residence, remove their personal property, and restore possession of the residence to the landlord, or be forcibly removed by a sheriff or constable When they must vacate - usually 3 calendar days following service of the order, but it might be less, and About the right to a hearing to contest how the order is enforced The Order of Restitution must be served along with a Request for Hearing Regarding Enforcement of an Order of Restitution form. This form lets the tenant request a hearing if they disagree with how the Order of Restitution was enforced or something else. This form does not stop the eviction and is not an appeal. OCAP will prepare both the Order of Restitution and the Request for Hearing Regarding Enforcement of an Order of Restitution from - use the same interview you used to prepare your court papers. You can file the Order of Restitution with the court at your occupancy hearing or when you request a default. After the court signs the Order of Restitution (the court does not sign the Request for Hearing), both forms must be served upon the tenant by a sheriff, constable or private investigator. They must serve the documents by: By delivering it to the tenant personally By mailing it registered or certified mail, or an equivalent means, to the tenant at the tenant's residence If the tenant is absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to the tenant at the tenant's residence, or If a person of suitable age or discretion cannot be found at the tenant's residence, by affixing it in a conspicuous place on the property The date of service, the name, title, signature, and telephone number of the person serving the order and the form must be legibly written on both documents served on the tenant. Utah Code 78B-6-812 Your responsibilities after the tenant is evicted If the tenant fails to move out as required in the Order of Restitution, a sheriff or constable may enter the residence by force to remove the tenant. After that, the tenant cannot reenter the residence. However, you must give the tenant reasonable access within 5 business days to retrieve: Clothing Identification Financial documents, including all those related to the tenant's immigration status or employment status Documents about the receipt of public services, and Medical information, prescription medications, and any medical equipment required for maintenance of medical needs The tenant has the right to retrieve these items without paying any storage costs. Other items left by the tenant may be removed by the sheriff or constable or left behind. You are allowed to charge a reasonable moving or storage cost for these items. If the tenant does not pay the moving and storage costs and recover the personal property within 15 calendar days, the property is considered abandoned. You may then sell or donate these items. For more information, see our page on Tenant's Personal Property . Money judgment View Instructions: Money judgment You can request a money judgment when the tenant has been evicted and the tenant: Loses the case because they did not file an Answer (default) Files an Answer but fails to appear at the occupancy hearing, if the court strikes (removes) their Answer and enters a default Loses at trial If the tenant appeared at the occupancy hearing and was evicted, you must proceed to trial before you can request a money judgment. See our page on Getting Ready for Trial - Civil Cases for more information. You can get a money judgment for rent or damage to the residence, or both. The judgment will end the rental agreement, but the tenant still owes the rent for the remainder of the agreement. However, this amount is limited by your duty to reduce damages - this means you must try to rent the residence to someone else as soon as reasonably possible. The judgment can also be also be for three times the actual damages for: The daily rental value of the residence for each day the tenant stayed in the residence after the notice expired Forcible entry Repair of waste of the premises, and The amounts due under the contract if the eviction is for nonpayment of rent or other amounts due under the contract The abatement of the nuisance by eviction You must prove all of these damages, and the amount of rent owed. You can use OCAP to prepare paperwork to request the judgment. This will be in a different interview than you used before. Look for the one titled "Landlord - Damage Judgment." Even if the tenant defaults (does not Answer the Complaint), you must serve the tenant with the affidavit of damages and notice of any hearing to determine damages. You must serve the tenant at their last known address. If the tenant has email you can serve them by email under URCP 5 . See our explanation of Service of Other Papers for more information. Utah Code 78B-6-811 Forms Eviction notices Use OCAP to prepare the eviction notice or 1001EV 1005EV 1010EV 1015EV 1020EV 1025EV 1030EV 1035EV 1040EV 1045EV 1050EV Other documents Use OCAP to prepare eviction documents to be filed in court - choose the interview titled "Landlord - Eviction Documents for Court" prepare judgment for damages to be filed in court - choose the interview titled "Landlord - Damage Judgment" 1105EV 1150EV 1200EV 2000EV (Must be served with the Order of Restitution) 2200EV |
Notifying the Court of Address, Contact Information, or Name Changes Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Non-public Records Rules of Civil Procedure Safeguarded Address Serving Papers Notice of Change of Address and/or Other Contact Information If you are involved in a court case, it is your responsibility to make sure that the court and all parties in the case have your current address and other contact information, including your email address and phone number. You can use the form provided below and file it with the court. As with all other documents filed with the court, you must also serve all other parties in the case, unless you need to safeguard your address . URCP 5 governs service. Notice of Change of Name If you change your name while you are involved in a court case, it is your responsibility to notify the court and all parties in the case of your new name. You can use the form provided below and file it with the court. Be sure to explain why your name has changed. For example, you may have gotten married, or you may have gotten divorced. As with all other documents filed with the court, you must also serve all other parties in the case, unless you need to safeguard your address . URCP 5 governs service. Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance 1304XX 1305XX Something else 1304XX 1305XX |
Motion to Delay (Stay) Enforcement of a Judgment Page Menu Related Information Default Judgment Filing Procedures Finding Legal Help Free Legal Clinics Going to Court How to Collect a Judgment Mediation Motions Serving Papers Utah Rule of Civil Procedure 60(b) Utah Rule of Civil Procedure 62(b) How do I delay or slow down a court order? After the court has entered a judgment, you can ask the court to delay enforcement (or "stay" enforcement) of the judgment. This is done by filing a Motion to Delay Enforcement of the judgment. If the court grants the motion, the other party cannot enforce the judgment. For example, in a debt collection case, the creditor cannot start garnishment proceedings if a motion to delay enforcement has been granted. Usually the motion to delay enforcement is filed together with another motion. The other motion usually asks the court to change or reconsider the judgment, such as: a motion to set aside (undo) judgment . an appeal of the judgment. a motion to alter or amend the judgment or for a new trial under Utah Rule of Civil Procedure 59 . a motion to amend findings under Utah Rule of Civil Procedure 52 . a motion for directed verdict under Utah Rule of Civil Procedure 50 . If granted, the delay remains in effect until the court resolves the request to challenge or change the judgment. Utah Rule of Civil Procedure 62 . Do I have to pay a bond to get the delay? When you file a Motion to Delay Enforcement, you must deposit money (or a promise to pay money) with the court while the motion is pending. This is called a bond or a security. The court holds the bond while the challenge to the judgment is pending. The bond protects the other party from loss or damage caused by the delay. How much should I post for the bond or security? The amount of a bond or security is usually the amount of the judgment (minus punitive damages) plus court costs, attorney fees and three years of interest. Your bond or security must be enough to cover the other party’s loss or damage caused by the delay. The court will decide whether it is enough when it decides whether to approve or deny your motion. The court considers these factors when deciding whether the bond or security: your ability to pay the judgment whether there is any other security to protect the other party your ability to hide or move assets to keep them from the other party your likelihood of success on appeal the harm to you and the other party in setting a higher or lower amount for the bond or security Utah Rule of Civil Procedure 62(h) . How do I slow down an eviction order? Consider getting legal advice if you want to file a Motion to Delay an order of restitution in an eviction case. The Motion to Delay Enforcement will only slow, but not stop, the eviction. If you want to ask the court to stop the eviction you can also file a Motion to Set Aside . If you file a Motion to Delay Enforcement of an order of restitution you must pay a bond or security. The bond amount would have to be in an amount that is enough to pay the landlord's probable costs, attorney fees, and damages (including unpaid rent) if the court decides in favor of the landlord. Any prepaid rent is a portion of the tenant's bond. See the Eviction web page for more information on damages. Getting legal advice can help you understand your options. See our page on Finding Legal Help for information on how to get legal help. Utah Code 78B-6-812(2)(b) and 78B-6-808(4)(b) . How do I delay a judgment to give me time to file an appeal? If you file a motion to delay enforcement because you are filing an appeal, you must post a bond. This requirement applies to appeals in small claims cases. If you post a bond for the Motion to Delay Enforcement you do not need to post a cost bond. Utah Rule of Small Claims Procedure 12(e) If you post a bond for the Motion to Delay Enforcement you do not need to post a cost bond. See the Appeals web page for more information about cost bonds. See Utah Rule of Civil Procedure 62(i) and (j) for more information about supersedeas bonds. Utah Rule of Appellate Procedure 6 . Will your motion be decided by a judge or commissioner? Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion. If you already know, 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, look at the caption of the complaint or petition. You can also answer the questions below. Do you have a family law case? Yes If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question. No Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. Was your case filed in the 1st, 2nd, 3rd, or 4th district? Yes If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, 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, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge. I don't know If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party." Aftere you fill out the motion, 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, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion. Are you filing exhibits with your motion? If yes, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and attend the hearing If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information. If you need help with the order, read about orders below. The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below. Documents Who Files Time to File and Serve Motion Moving party Serve at least 28 days before the hearing Memorandum Opposing the Motion Responding party At least 14 days before the hearing Reply Memorandum Supporting the Motion Moving party At least 7 days before the hearing Counter Motion Documents Who Files Time to File and Serve Counter Motion (must be served with Memorandum Opposing the Motion Responding party At least 14 days before the hearing Memorandum Opposing the Counter Motion Original moving party At least 7 days before the hearing Reply Memorandum Supporting the Counter Motion Responding party At least 3 business days before the hearing How to File a Motion Decided by a Judge 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, if you need to ask the court to change discovery deadlines in your case, 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, ordinances, rules, or appellate opinions that support your arguments. You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing. Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q) . Because you are the party filing the motion, 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, read more about exhibits below . Step 2: Serve the other parties in your case If you know the other parties in your case agree with your motion, 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, you will need to have them served with the papers . Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Whatever happens, 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, be sure to attend. See our page on Going to Court for more information. The chart below has more information when papers should be filed. Documents Who Files Time to File and Serve Motion Moving party Memorandum Opposing the Motion Responding party Within 14 days after the the moving party files and serves the motion Reply Memorandum Supporting Motion Moving party Within 7 days after the responding party files and serves the Memorandum Opposing the Motion Request to Submit for Decision Moving party After the last document in this list is filed, 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 The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, 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, 2, 3 or 4 and will be heard by a commissioner Moving Party Required forms for the moving party Motion to Delay Enforcement of Judgment - Commissioner - PDF | Word 1111FA 1076FA Optional forms for the moving party 1108FA 1109FA (to be used to describe voluminous exhibits, if any) 1105FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and the moving party wishes to respond) Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA (if the opposing party agrees to the motion after it has been filed) Counter Motion - PDF | Word (if the opposing party has new arguments to make not presented in the moving party's motion) 1111FA (if a hearing is requested) 1110FA (if the other party has not filed this document) Order on Motion to Stay Execution of Judgment - PDF | Word (if the opposing party is directed to complete the order) My case is in Judicial District 5, 6, 7 or 8 and will be heard by a judge Moving Party Required forms for the moving party 1075FA 1110FA 1076FA Optional forms for the moving party 1105FA (if the other party agrees to the motion after it has been filed) 1107FA (if someone other than the moving party has a statement to make) 1106FA (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111FA (if a hearing is requested) Opposing Party Required forms for the opposing party 1104FA Optional forms for the opposing party 1105FA (if the opposing party agrees to the motion after it has been filed) Counter Motion - PDF | Word (if the opposing party has new arguments to make not presented in the moving party's motion) 1111FA (if a hearing is requested) 1110FA (if the other party has not filed this document) Order on Motion to Stay Execution of Judgment - PDF | Word (if the opposing party is directed to complete the order) I don’t know what district my case is in If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner. Something else Moving Party Required forms for the moving party 1075GE 1110GE 1076GE Optional forms for the moving party 1105GE (if the other party agrees to the motion after it has been filed) 1107GE (if someone other than the moving party has a statement to make) 1106GE (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) 1111GE (if a hearing is requested) Opposing Party Required forms for the opposing party 1104GE Optional forms for the opposing party 1105GE (if the opposing party agrees to the motion after it has been filed) Counter Motion - PDF | Word (if the opposing party has new arguments to make not presented in the moving party's motion) 1111GE (if a hearing is requested) 1110GE (if the other party has not filed this document) 1076GE (if the opposing party is directed to complete the order) |
Expunging Eviction Records Page Menu Generally, a record of a lawsuit is a permanent public record. This means it never goes away. However, records of some eviction cases can be expunged. Expunged records are sealed and the case is considered to never have happened. Read below to see if you can expunge your case. If you received a petition to expunge and want to oppose it, see our section on Opposing a Petition to Expunge Eviction . Do you need to access your expunged records? Visit our page on Accessing Expunged Records for more information. Utah Code, Title 78B, Chapter 6, Part 8a. Can I expunge my eviction case? Not every eviction case can be expunged. If your case is not finished, it can't be expunged. Answer the questions below to find out if your case can be expunged. When was your case filed with the court? Before July 1, 2022 (click to expand) What was your case about? Nonpayment of rent or staying at the property after the lease expired (click to expand) Was there a judgment against you that required you to pay money to the plaintiff (landlord)? Yes (click to expand) Have you paid off the judgment and was there a Satisfaction of Judgment filed with the court? Yes (click to expand) Your case might be eligible for expungement. Read about Asking for expungement by filing a petition No (click to expand) If you paid off the debt, you can ask the court to enter a Satisfaction of Judgment If you haven't paid of the debt, but can do so, you can pay the debt and then ask the court to enter a Satisfaction of Judgment If you haven't paid off the debt, and can't pay it off, your case may not be eligible for expungement. Read about options if your case isn't eligible for expungement I don't know (click to expand) You can find out by looking up your case for free. Visit our MyCase page for more information No (click to expand) Your case might be eligible for expungement. Read about Asking for expungement by filing a petition I don't know (click to expand) You can find out by looking up your case for free. Visit our MyCase page for more information Something else (click to expand) Unfortunately, your case may not be eligible to be expunged. Read about options if your case isn't eligible for expungement Between July 1, 2022 and June 30, 2024 (click to expand) What happened in your case? The landlord (plaintiff) and I agreed that the case would be expunged (click to expand) Did you file a paper with the court called a stipulation that says this? Yes (click to expand) Your case might be eligible for automatic expungement. Read about automatic expungement No (click to expand) You have two options. You can either ask the landlord to sign a stipulation agreeing to expunge the case and then file it with the court. Once it is filed your case will be automatically expunged . If the landlord will not sign the stipulation you can ask for expungement by filing a petition . I don't know (click to expand) You can find out by looking up your case for free. Visit our MyCase page for more information The landlord (plaintiff) and I did not agree that the case would be expunged (click to expand) What was your case about? Nonpayment of rent or staying at the property after the lease expired (click to expand) Was there a judgment against you that required you to pay money to the plaintiff (landlord)? Yes (click to expand) Have you paid off the judgment and was there a Satisfaction of Judgment filed with the court? (click to expand) Yes (click to expand) Your case might be eligible for expungement. Read about Asking for expungement by filing a petition No (click to expand) If you paid off the debt, you can ask the court to enter a Satisfaction of Judgment If you haven't paid of the debt, but can do so, you can pay the debt and then ask the court to enter a Satisfaction of Judgment If you haven't paid off the debt, and can't pay it off, your case may not be eligible for expungement. Read about options if your case isn't eligible for expungement I don't know (click to expand) You can find out by looking up your case for free. Visit our MyCase page for more information No (click to expand) Your case might be eligible for expungement. Read about Asking for expungement by filing a petition I don't know (click to expand) You can find out by looking up your case for free. Visit our MyCase page for more information Something else (click to expand) Unfortunately, your case may not be eligible to be expunged. Read about options if your case isn't eligible for expungement I don't know (click to expand) You can find out by looking up your case for free. Visit our MyCase page for more information. Once you find out the date your case was filed, go back and answer these questions again Automatic expungement Some eviction cases will be expunged automatically if either: the entire case was dismissed, there is no appeal pending, and at least three years have passed from the date the case was filed OR the parties agree to the expungement and file a stipulation with the court that says this If your case is eligible for expungement, the court will order the expungement immediately once it qualifies under one of the requirements above. You will not receive any notice of the expungement, but you can look for it in MyCase to see if it is expunged. Asking for expungement by filing a petition You can ask to expunge your eviction case by filing a petition if your case: Was for nonpayment of rent or staying in the property after your lease expired If a judgment was entered against you, it has been satisfied and a Satisfaction of Judgment has been filed with the court Follow these steps: Fill out these papers: 1044XX (check the box on page 2 under "Special Matters" that says "Expungement Petition") Petition to Expunge Eviction - PDF | Word Order on Petition to Expunge Eviction - PDF | Word File the papers with the court Serve copies of the papers on all parties in the case If you need to ask the sheriff to serve the papers and can’t afford the fee, you can ask the court to waive it. See our page on Fees and Fee Waiver for forms and information File Proof of Service that you served the documents on all parties in the case Wait After you file and serve your papers, the plaintiff will have time to respond. What happens next depends on how they respond. If the plaintiff… Then… Does not respond The court will wait 60 days. After 60 days, if there is no objection, the court will decide whether or not to grant the petition Files an objection within 60 days The court must deny the expungement request What happens after my eviction case is expunged? When your case is expunged it is as though it never happened. You can tell people that the case did not happen. Third parties who have information about your case will be prohibited from giving out any information about your case, including: government agencies, such as the sheriff tenant screening agencies (a business that buys court information and sells details on tenants) The court will post a list of case numbers that were expunged to tell third parties to remove the record of the case from their files. You can view the list on the Public Information Inquiry page . The list of case numbers will only show initials of the parties involved, the location where the case was filed, and the date the final order was entered for the case. Records are removed from the courts' website after 90 days. Opposing a Petition to Expunge Eviction If you received a Petition to Expunge Eviction and want to oppose it, you have 60 days from the date you received it to file an objection with the court. Fill out this form: Objection to Petition Petition to Expunge Eviction - PDF | Word File it with the court and send a copy to the other party in the case. The court will schedule a hearing - plan to attend. Options if your case isn't eligible for expungement If your case isn't eligible for expungement you still have options. Your next step depends on why you need the case expunged. If you are having problems finding housing because of the eviction you can: Try to pay down the debt you owe A judgment on your credit report can make it hard to find housing. Paying off the debt and reporting that to the credit reporting agency can make the judgment less harmful If you need help managing your debts, you can contact Fair Credit to see if they can help you Ask for a letter of reference from a previous landlord or others to show prospective landlords Contact 2-1-1 Utah for help and connection to other resources Forms Forms for the party requesting expungement 1044XX Petition to Expunge Eviction - PDF | Word Order on Petition to Expunge Eviction - PDF | Word 1020GE Forms for the party opposing expungement Objection to Petition Petition to Expunge Eviction - PDF | Word |
Accessing Expunged Records Generally, no one can view information about an expunged case. But there is an exception. If you were a petitioner or plaintiff or a respondent or defendant in an expunged case, you can still get a copy of the case history and the expungement order. You can fill out the Request for Case History and Expungement Order ( PDF | Word ) and present it to the court where your case was filed. You will need: to prove to the court that you are who you say you are (usually this means you will need to show government-issued identification) your case number If you don’t have these things the court cannot give you a copy of your case history or expungement order. See our Finding Legal Help page for information on how to get legal help. This process works for any expunged case, including: civil stalking injunction or civil protective order cases that were expunged criminal cases that were expunged eviction cases that were expunged , and juvenile court cases that were expunged CJA 4-202.03 |
Protective Orders Page Menu Related Information Adult Protective Services Child Protective Order Civil Stalking Injunction Cohabitant Protective Order Dating Violence Protective Order Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Interpreters Online Court Assistance Program (OCAP) Removing the link between personal identifying information and dismissed criminal court case or denied request for civil protective order or civil stalking injunction Safety Planning (Utah Domestic Violence Coalition) Sexual Violence Protective Order Utah Code 78B-7-101 et seq., Protective orders generally Utah Code 78B-7-201 et seq., Child Protective Orders Utah Code 78B-7-401 et seq., Dating Violence Protective Orders Utah Code 78B-7-501 et seq., Sexual Violence Protective Orders Utah Code 78B-7-601 et seq., Cohabitant Abuse Protective Orders Utah Code 78B-7-701 et seq., Civil Stalking Injunctions Utah Domestic Violence Coalition Need help? You can also contact the Domestic Violence Hotline. They can help people find resources for emergency housing, medical care, and support and advocacy for you and your children. Call toll-free: 800-897-5465, or visit the Utah Domestic Violence Coalition website . You might be able to get help applying for a protective order If you want to ask the court for a protective order and… Then… you live in Salt Lake County. contact Legal Aid Society of Salt Lake to see if you qualify for free representation. you live outside Salt Lake County. contact Utah Legal Services to see if you qualify for free legal representation. Call 800-662-4545 Monday through Friday 9:00 am - 2:00 pm or contact Timpanogos Legal Center for help with preparing your documents. Call their Hotline 801-649-8895 Monday through Friday 9:00 am – 2:00 pm After hours leave a message Introduction This page is about cohabitant, dating violence and sexual violence protective orders. It explains what a protective order is, the different types of protective orders available, how to ask for one, how to respond to a request for one, and how to ask for a change to an existing protective order. Some people call this kind of order a "restraining order," but the legal term is "protective order." About protective orders A protective order is an order from the court. The person requesting the order (and the person who would be protected by the order) is called the petitioner. The person the order is requested against (and against whom it would be issued) is called the respondent. The order can place restrictions on the respondent if the court finds the respondent committed violence (or threatened violence or attempted violence) against the petitioner. A protective order can order the respondent to: Not commit violence against people listed on the order. Not contact or communicate in any way with people listed on the order. Stay away from the petitioner's home, work, school, or place of worship. Comply with restrictions at the respondent's work, school, and place of worship. Not harm pets. Not possess, have, or buy a firearm or other type of weapon. If the respondent violates a protective order they can be arrested and charged with a crime. Types of protective orders There are different types of protective orders depending on the relationship between the petitioner and the respondent. If you are the petitioner and your relationship to the respondent is… And you are facing… Then you can file for a… a cohabitant , which means you: are or were married live or used to live together are or were in a consensual sexual relationship are related as a parent, step-parent, child, step-child, grandchild, grandparent, sibling, aunt, uncle, niece or nephew have or had children together, or are expecting a child. abuse, including: Physical harm (such as hitting, kicking, pushing, pulling hair, using a weapon or other physical attacks) Threats of violence or physical harm (such as breaking things or throwing things to intimidate), or Domestic violence, as defined in Utah Code 77-36-1 , including sexual violence. cohabitant protective order (sometimes just called a protective order). Utah Code 78B-7-603 You must be 16 or older. However, a 16- or 17-year-old cannot ask for a protective order against their parent or their minor sibling. Forms are in the Forms section . you are or were dating or in a dating relationship , which is: A social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. A dating relationship does not mean casual fraternization in a business, educational, or social context. dating violence or abuse dating violence protective order. Utah Code 78B-7-404 You must be 18 or older. Forms are in the Forms section . you have no relationship, but were sexually assaulted by them sexual violence , 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 sexual violence protective order. Utah Code 78B-7-504 Forms are in the Forms section . An employer and they are a customer 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 stalking see the Civil Stalking Injunction web page . A minor with a parent or guardian can file. If a minor child (under 18 years old) is in danger of physical or sexual abuse, see the Child Protective Orders web page . How a protective order is issued Step 1 – Petitioner fills out the required forms and files them with the court The petitioner fills out the required forms: Request for Protective Order Temporary Protective Order Protective Order Service Assistance Form Forms are in the Forms section . Some form names will be slightly different depending on the kind of protective order requested. There is no filing fee or cost for the court forms to ask for a protective order. The petitioner files the papers in the district court in the county where either the petitioner or the respondent lives, or where the events occurred. Utah Code 78B-7-104 . The papers to start a protective order case can be filed in person, by email , or by mail. Step 2 – The court reviews the request When a Request for Protective Order is filed, a judge will usually review the request the same day. The judge will either: Grant the request The judge will sign a temporary "ex parte" protective order and schedule a hearing within 21 days. Usually the temporary order will only last until the hearing. The sheriff or constable will serve a copy of the order on the respondent if they are in Utah. If the respondent is outside of Utah, the petitioner must contact a sheriff or constable in the state where respondent lives to arrange for service. The order becomes effective once it is served. In a cohabitant protective order case, the respondent can ask for a hearing sooner than the scheduled hearing by filing a Respondent's Request to Vacate Temporary Protective Order form before the hearing date. However, this might not actually change the hearing date. Utah Code 78B-7-604(4) . Deny the request If the judge denies the request for a protective order the petitioner can ask for a hearing to present evidence to try to convince the court that a protective order should be issued. To ask for a hearing, the petitioner must file a Request for Hearing form with the court within five days. The court will have the respondent served with the Petition and notice of the hearing. No Temporary Protective Order will be in place during this time. Step 3 – The petitioner and respondent go to the hearing If the court grants a temporary protective order, it will schedule a hearing within 21 days. The date and time for the hearing will be written on the temporary protective order. The hearing is to give both parties a chance to present any evidence and argument about why the court should or should not issue a three-year protective order. Both parties should bring any evidence and witnesses they have to the hearing. If a party does not attend the hearing, or does not bring their evidence to the hearing, that party will miss their opportunity to present their side of the story and their evidence. Both the petitioner and respondent should go to the hearing. If the respondent does not come to the hearing, the court may grant the protective order without any input from the respondent. If the petitioner does not come to the hearing, the court will dismiss the temporary protective order. If the respondent has not been served with a copy of the temporary protective order before the hearing, the petitioner can still attend the hearing and request an extension of the temporary protective order, or the case will be dismissed. The court may extend the 21 day period for a temporary protective order only if a party swears they are not able to be present at the hearing for a good reason, the respondent has not been served with the temporary protective order, or if there are exigent (urgent and important) circumstances. The hearing will be in front of a judge or a commissioner, depending on the district. In Judicial Districts 1, 2, 3 and 4 , commissioners handle protective order cases. After listening to both parties, the judge or commissioner will decide whether to dismiss the temporary protective order or to enter a final protective order. If the court issues a final protective order, the temporary protective order will remain in place until the final protective order is served on the respondent. Final Protective Order If the court issues a final protective order, both parties will get a copy of the order if they are at the hearing. If the respondent is not at the hearing but is in Utah, the sheriff will serve the respondent with a copy of the order. If the respondent is outside of Utah, the petitioner will have to arrange for a sheriff or constable to serve the respondent in the state where the respondent lives. Enforcing the protective order All protective orders have two parts: criminal and civil. The criminal part of the order includes the personal conduct, no contact, stay away, weapons restriction and property orders. The civil part can include orders on child custody, financial support, use of phones and utilities and retrieving personal property. If the respondent violates the criminal parts of the protective order, the petitioner can call 9-1-1 for help. The first violation of a protective order is a class A misdemeanor, punishable by up to 364 days in jail and a fine. Subsequent violations are a third degree felony, punishable by up to five years in prison. See the criminal penalties web page for more information. If either party violates the civil portions of the order the other party can file a motion to enforce order to ask the court to enforce the order, and the violating party could be held in contempt of court. If respondent needs to get personal belongings Sometimes a respondent is required to stay away from the petitioner's home, but the respondent needs to get personal belongings from the home. Here are some options for dealing with this situation: Contact the police to help get the belongings; File a motion with the court to change the order. How long the order lasts If the protective order was issued after May 5, 2021 then the civil provisions of the protective order generally last 150 days unless the court finds good cause for extending the expiration date. The criminal provisions of the protective order will typically expire after three years. If the protective order was issued between July 1, 2020 and May 4, 2021, all of the provisions will typically expire after three years. If the protective order was issued before July 1, 2020, it could have one of several different expiration dates, including 180 days, one year, 10 years, or no expiration date. Read the order carefully. Challenging the court's decision Either party can challenge the court's decision. The process depends on whether a commissioner or a judge made the decision. If a commissioner made the decision, the petitioner or respondent can file an objection within 14 calendar days after the day on which the commissioner enters the recommended order. The assigned judge will hold a hearing on the objection within 20 days after the day on which the objection is filed. See the Objecting to a Commissioner's Recommendation web page for more information and forms. If a judge made the decision, the process to challenge the decision is to file an appeal with the Utah Court of Appeals. See the Appeals web page for more information. Asking to extend a final protective order If a petitioner wants to extend the time the protective order is in effect, they must file a request to extend the protective order before the day on which the order expires. The petitioner must have the respondent served with a copy of what they file. The court will schedule a hearing. At the hearing, the court must find that certain conditions have been met. What the court must find will depend on the type of protective order. See the Forms Section below and scroll down to the "Request to Extend a Protective Order" section. Type of order What the court must find Cohabitant protective order 78B-7-606(2) The petitioner has a current reasonable fear of future harm, abuse or domestic violence, or respondent committed or was convicted of: violating the protective order, or a qualifying domestic violence offense after the protective order was issued. Qualifying offenses are listed in Utah Code 77-36-1 . Dating violence protective order 78B-7-405(4) There is a substantial likelihood the petitioner will be subjected to dating violence, or respondent committed or was convicted of: violating the protective order, or dating violence after the day on which the order was issued Sexual violence protective order 78B-7-505(3) There is a substantial likelihood the petitioner will be subjected to sexual violence, or respondent committed or was convicted of: violating the protective order, or a sexual violence offense after the day on which the sexual violence protective order was issued If the court grants the request, the sheriff or constable will serve a copy of the order on the respondent if they are in Utah. If the respondent is outside of Utah, the petitioner must contact a sheriff or constable in the state where respondent lives to arrange for service. The order becomes effective once it is served. If the court denies the request, the protective order expires on the date listed in the protective order. Limit on extending sexual violence protective orders A sexual violence protective order can be extended once, for three years. The petitioner can request a new sexual violence protective order if they need protection beyond the period of the original order + the three year extension. Asking to change or dismiss a final protective order The process to ask to change or dismiss a protective order depends on whether the petitioner or respondent is making the request. Petitioner's request The petitioner can ask to modify an existing protective order by filing a Request to Modify Protective Order at any time. The process is basically the same as explained above in the How a protective order is issued section . The petitioner files a request and the court decides whether or not to issue an ex parte modified order that will be served on the respondent. The petitioner can ask to dismiss a protective order at any time by filing a Petitioner's Request to Dismiss Protective Order and having the documents served on the respondent. The court will schedule a hearing. Respondent's request The respondent can ask to modify or dismiss a protective order by filing a motion asking to modify the protective order, or a Respondent's Request to Dismiss Protective Order form. The request must be served on the petitioner, and the court will schedule a hearing. Special rules for cohabitant protective orders The respondent in a cohabitant protective order can ask the court to amend or dismiss the order that has been in effect for at least one year by filing Respondent's Request to Dismiss Protective Order. The request must show all of the following: the reason for the issuance of the protective order no longer exists the petitioner repeatedly acted contrary to the order or intentionally or knowingly tried to cause respondent to violate the order, and the petitioner's actions show that the petitioner no longer is reasonably afraid of the respondent Utah Code 78B-7-605(1) . If the parties also have a pending divorce, parentage,custody, or guardianship case, the civil provisions of the protective order can be modified at any time through that pending case. In that pending case, the parties have to agree in writing or on the record to dismiss or modify the civil provisions of the protective order or the court must find good cause to dismiss or modify the civil provisions of the protective order. Utah Code 78B-7-603(12) . The court cannot vacate the criminal provisions of a cohabitant protective order within two years of when it was issued unless certain conditions are met. The petitioner must appear at a hearing (after having been personally served by a sheriff or constable) or submit a verified affidavit agreeing to have the criminal provisions vacated. Utah Code 78B-7-603(10) . Either party can file a motion to ask the court to extend the civil provisions beyond the 150 days. The court must find good cause to extend the expiration date of the civil provisions. We do not have forms specifically for this purpose. Please see Motions webpage for forms. Utah Code 78B-7-606(1) Firearms A protective order can include language that prohibits the respondent from owning firearms. Read the protective order carefully, and consider talking to an attorney. See our Finding Legal Help web page for information about free and low ways to get the help of an attorney. Registering an order from another state A protective order from another state can be registered in Utah by filing a certified copy of the order and an Affidavit for Filing an Out-of-State Protective Order form in any district court. Forms Request a protective order Cohabitant abuse Use OCAP , the Online Court Assistance Program to prepare all the documents needed to ask for a protective order. or 1051XX 1052XX 1053XX 1048XX 1049XX Optional form 1054XX Dating violence Use OCAP , the Online Court Assistance Program to prepare all the documents needed to ask for a protective order. or 1055XX 1057XX 1058XX 1059XX 1049XX Sexual violence 1201PO 1202PO 1203PO 1048XX 1049XX Request a hearing on a protective order Forms needed by petitioner to request a hearing for a protective order when the Temporary Protective Order has not been issued 1050XX Request a protective order be changed Request a temporary protective order be changed Forms needed by petitioner to request a Temporary Protective Order be changed 1056XX 1064XX 1048XX Request a temporary sexual violence protective order be changed Forms needed for petitioner to request a temporary sexual violence protective order be changed 1206PO 1048XX 1207PO Request a final protective order be changed Forms needed for petitioner to request a final protective order be changed 1056XX 1064XX 1382XX 1048XX Request a final sexual violence protective order be changed Forms needed for petitioner to request a final sexual violence protective order be changed 1206PO 1048XX 1208PO Request a protective order be vacated or dismissed Request a temporary protective order be vacated (respondent) Forms needed by respondent to request a temporary protective order be vacated 1069XX 1067XX 1068XX 1049XX Request a protective order be dismissed (petitioner) Forms needed by petitioner to request a protective order be dismissed 1065XX 1067XX 1068XX Request a final protective order be dismissed (respondent) Forms needed by respondent to request a Final Protective Order be dismissed 1070XX 1067XX 1068XX 1049XX Request a temporary or final sexual violence protective order be dismissed Forms needed to request a temporary or final sexual violence protective order be dismissed 1209PO 1048XX 1210PO Request to Extend a Protective Order Request to extend cohabitant protective order Forms needed to request a final cohabitant protective order be extended 1019PO 1020PO Request to extend dating violence protective order Forms needed to request a final Dating Violence Protective Order be extended. 1110PO 1111PO Request to extend sexual violence protective order Forms needed to request a final sexual violence protective order be extended 1213PO 1214PO Request a Protective Order From Another State be Registered in Utah Forms needed by Petitioner to request that a Protective Order from another state be registered in Utah 1071XX Court or law enforcement use only 1077XX 1212.1PO 1073XX 1076XX 1211PO 1075XX 1060XX 1074XX 1215PO 1072XX Quick Escape |
Child Protective Orders Page Menu Related Information Adult Protective Services Child Protective Order Civil Stalking Injunction Cohabitant Protective Order Dating Violence Protective Order Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Interpreters Online Court Assistance Program (OCAP) Safety Planning (Utah Domestic Violence Coalition) Sexual Violence Protective Order Utah Code 78B-7-101 et seq., Protective orders generally Utah Code 78B-7-201 et seq., Child Protective Orders Utah Code 78B-7-401 et seq., Dating Violence Protective Orders Utah Code 78B-7-501 et seq., Sexual Violence Protective Orders Utah Code 78B-7-601 et seq., Cohabitant Abuse Protective Orders Utah Code 78B-7-701 et seq., Civil Stalking Injunctions Utah Domestic Violence Coalition Need help? If you are in danger, call: 911 You can also contact the Domestic Violence Hotline. They can help people find emergency housing, medical care, and support and advocacy for you and your children. Call toll-free: 800-897-5465 , or visit the Utah Domestic Violence Coalition website You might be able to get help with a protective order If you want to ask the court for a protective order and… Then… you live in Salt Lake County. contact Legal Aid Society of Salt Lake to see if you qualify for free representation. you live outside Salt Lake County. contact Timpanogos Legal Center for help with preparing your documents. Call their Hotline 801-649-8895 Monday through Friday 9:00 am – 2:00 pm After hours leave a message you have a computer or laptop and internet access. (You must have an email address) use OCAP , the Online Court Assistance Program, to complete the forms. Once you're done, you can file them by email . If you have been served with a protective order Read the page below to understand the court process involved in issuing a protective order and see the Finding Legal Help web page for information about free and low cost ways to get the help of an attorney. Introduction This page is about child protective orders. It explains what a child protective order is, how to ask for one, how to respond to a request for one and how to ask to change one. The person asking for the protective order on behalf of the children is the petitioner. The person the protective order would be against is the respondent. A protective order can order the respondent to: Not commit violence against children listed on the order. Not contact or communicate with children listed on the order. Stay away from the children's home, work, school, or place of worship. Comply with restrictions at the respondent's work, school, and place of worship. Not possess, have, or buy a firearm or other type of weapon. If the respondent violates a protective order they can be arrested and charged with a crime. Abuse Utah law allows an adult to ask for a protective order for a child if the child is being abused, or is in imminent danger of being abused, or has been abused by someone who is not the child's parent, stepparent, guardian, or custodian. "Abuse" is defined as: physical abuse sexual abuse a sexual offense under Utah Code 76-5b-201 or 204 human trafficking of a child under Utah Code 76-5-308.5 How a child protective order is issued Step 1 – Report abuse to the Division of Child and Family Services Any interested adult can ask for a protective order on behalf of a minor who is under 18 years old. A minor who is 16 or older can ask the district court for a protective order for themselves using the forms on the adult protective order web page . A 16 or 17 year old cannot request an adult protective order against their parent, step-parent, adoptive parent, or any minor siblings. Before asking the court for a child protective order, the petitioner must first report the abuse to the Division of Child and Family Services (DCFS) online or over the phone at 855-323-3237. The court will not consider the petition if the abuse has not been reported to DCFS. Utah Code Section 78B-7-202 . Step 2 – Petitioner fills out the required forms and files them with the court The petitioner fills out the required forms: Verified Petition for Protective Order on Behalf of Children (and Service Assistance Form) Ex Parte Protective Order on Behalf of Children Protective Order on Behalf of Children Forms are in the Forms section . A petition for a child protective order is filed in juvenile court. The papers to start a protective order case can be filed in person, by email , or by mail. The court's directory provides contact information for all juvenile courts in Utah. Step 3 – The court reviews the request When a Request for Protective Order is filed, a judge will usually review the request the same day. The judge will either: Grant the request The judge will sign a temporary Ex Parte Protective Order on Behalf of Children and schedule a hearing within 21 days. Usually the temporary protective order only lasts until the hearing. The sheriff or constable will serve a copy of the order on the respondent if they are in Utah. If the respondent is outside of Utah, the petitioner must contact a sheriff or constable in the state where respondent lives to arrange for service. The order becomes effective once it is served on the respondent. Deny the request If the court decides not to issue a temporary order, the petitioner can request a hearing in order to present evidence to the judge to try to convince them that a protective order should be issued. To request a hearing, the petitioner must file a Request for and Notice of Hearing on Denied Ex Parte Child Protective Order form with the court within 5 days after the denial. The court will send notice of the hearing and the petition to the respondent. There will be no temporary protective order in place during this time. Step 4 – The petitioner and respondent go to the hearing If the court grants a temporary Ex Parte Protective Order on Behalf of Children it will schedule a hearing within 21 days. The date and time for the hearing will be written on the ex parte order. The hearing is to give both parties a chance to present any evidence and argument about why the court should or should not issue a final protective order. Both parties should bring any evidence and witnesses they have to the hearing. If a party does not attend the hearing, or does not bring their evidence to the hearing, that party will miss their opportunity to present their side of the story and their evidence. Both the petitioner and respondent should go to the hearing. If the respondent does not come to the hearing, the court may grant the protective order without any input from the respondent. If the petitioner does not come to the hearing, the court will dismiss the temporary protective order. If the respondent has not been served with a copy of the temporary protective order before the hearing, the petitioner can still attend the hearing and request an extension of the temporary protective order, or the case will be dismissed. The court may extend the 21 day period for a temporary order only if a party swears they are not able to be present at the hearing for a good reason, the respondent has not been served with the temporary protective order, or if there are exigent (urgent and important) circumstances. The court may appoint a Guardian ad Litem to represent the best interests of the child. After listening to both parties, the judge will decide whether to dismiss the temporary protective order or to enter a final Protective Order on Behalf of Children. If the court issues a final protective order, the temporary protective order will remain in place until the final protective order is served on the respondent. Final Protective Order on Behalf of Children If the court issues a final Protective Order on Behalf of Children, both parties will get a copy of the order if they are at the hearing. If the respondent is not at the hearing but is in Utah, the sheriff will serve the respondent with a copy of the order. If the respondent is outside of Utah, the petitioner will have to arrange for a sheriff or constable to serve the respondent in the state where the respondent lives. Enforcing the protective order A protective order has two parts: criminal and civil. The criminal part of the order includes the personal conduct, no contact, stay away, weapons restriction and property orders. The civil part can include orders on child custody and financial support. If the respondent violates the criminal parts of the protective order, the petitioner can call 9-1-1 for help. The first violation of a protective order is a class A misdemeanor, punishable by up to 364 days in jail and a fine. Subsequent violations are a third degree felony, punishable by up to five years in prison. See the criminal penalties web page for more information. If the respondent violates the civil portions of the order the other party can file a motion to ask the court to enforce the order, and the violating party could be held in contempt of court. How long the order lasts Read the order carefully. There are several possible expiration dates for the protective order, depending on the circumstances. The order could expire: in 150 days if the respondent is the parent, stepparent, guardian or custodian of the child. in less than 150 days. in more than 150 days for good cause. when the child turns 18. The expiration date will be marked or written on the protective order. If you need more permanent orders regarding custody, see our pages on Divorce and Custody Cases . Transferring a case to district court A juvenile court judge may decide to transfer the child protective order case to the district court if it finds that: the petitioner and respondent are the natural, adoptive or step-parents of the child; the district court has a prior order or has a paternity, custody, parent-time or divorce action pending in which the petitioner and respondent are parties; and the best interests of the child will be better served in the district court. Utah Code 78A-6-103(2)(b) . Asking to change or dismiss a Protective Order Either party can ask the court to change ("modify") or dismiss (vacate) a protective order before it expires if there has been substantial and material change in circumstances. Request to modify There is no specific form to ask the court to modify a protective order, but a generic motion form is available in the Forms section. The request must be filed with the court and served on the other party. The court will schedule a hearing. Request to dismiss A party asking to dismiss a protective order would fill out a Request to Vacate Child Protective Order. The request must be filed with the court, and served on the other party. The court will schedule a hearing. The Request to Vacate Child Protective Order form is available in the Forms section. Only the court can modify or dismiss a protective order. The parties must continue to follow the protective order unless and until the court changes or dismisses it. Appeal If the petitioner or respondent believes the judge made a legal mistake in denying or granting the protective order, they can file an appeal. See the court's Appeals page for information and forms. Forms Required forms Use OCAP , the Online Court Assistance Program to prepare all the documents needed to ask for a child protective order. or 1102XX (includes Service Assistance Form) 1103XX 1104XX Asking for a hearing if a request for an ex parte protective order is denied 1105XX Asking to dismiss (vacate) a protective order 1106XX 1107XX Asking to modify a protective order There are no specific forms; these can be used to make the request 1101JU 1102JU Court use only 1108XX 1109XX Quick Escape |
Civil Stalking Injunction Page Menu Related Information Adult Protective Services Child Protective Order Civil Stalking Injunction Cohabitant Protective Order Dating Violence Protective Order Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Interpreters Online Court Assistance Program (OCAP) Removing the link between personal identifying information and dismissed criminal court case or denied request for civil protective order or civil stalking injunction Safety Planning (Utah Domestic Violence Coalition) Sexual Violence Protective Order Utah Code 78B-7-101 et seq., Protective orders generally Utah Code 78B-7-201 et seq., Child Protective Orders Utah Code 78B-7-401 et seq., Dating Violence Protective Orders Utah Code 78B-7-501 et seq., Sexual Violence Protective Orders Utah Code 78B-7-601 et seq., Cohabitant Abuse Protective Orders Utah Code 78B-7-701 et seq., Civil Stalking Injunctions Utah Domestic Violence Coalition You might be able to get help with a protective order If you want to ask the court for a protective order and… Then… you live in Salt Lake County. contact Legal Aid Society of Salt Lake to see if you qualify for free representation. you live outside Salt Lake County. contact Utah Legal Services to see if you qualify for free legal representation. Call 800-662-4545 Monday through Friday 9:00 am - 2:00 pm or contact Timpanogos Legal Center for help with preparing your documents. Call their Hotline 801-649-8895 Monday through Friday 9:00 am – 2:00 pm After hours leave a message you have a computer or laptop and internet access. (You must have an email address) use OCAP , the Online Court Assistance Program, to complete the forms. Once you're done, you can file them by email . What is stalking? A judge can grant an order that tells one person (respondent) to stop stalking another person (petitioner) if the respondent did the following towards the petitioner: The respondent directly, indirectly, or through someone else followed, monitored, observed, photographed, surveilled, threatened, communicated to or about the petitioner, or interfered with the petitioner's property using any action, method, device, or means; or The respondent engaged in or caused someone else to engage in any of the following acts: approached or confronted the petitioner; appeared at petitioner's workplace or contacted petitioner's employer or co-workers; appeared at petitioner's home or contacted petitioner's neighbors or entered property owned, leased, or occupied by the petitioner; sent material to the petitioner by any means for the purpose of obtaining or disseminating information about the petitioner to a family member, household member, employer, co-worker, friend, or associate; placed an object on or delivered an object to property owned, leased, or occupied by the petitioner or to petitioner's place of employment with intent that the object be delivered to the petitioner; or used a computer, the Internet, text messaging, or any other electronic means. The respondent had to do the behavior two or more times, and in a way that would cause a reasonable person to suffer emotional distress or to be afraid for the person's own safety or the safety of someone else. See Utah Code Section 76-5-106.5 . In addition to the statements in the Request for Civil Stalking Injunction, the petitioner must provide other evidence of stalking, like police reports, sworn statements from witnesses, audio or video tapes, other records, photos and letters. What is a civil stalking injunction? A civil stalking injunction is a court order that tells the respondent that they may not stalk the petitioner, may not contact or go near the petitioner, and may not go near others who are listed in the injunction. If the petitioner and respondent have children together, the order may also address child custody and parent-time issues to ensure the safety of the victim and any minor children. If the court issues a stalking injunction, but decides not to address custody and parent-time issues, a copy of the stalking injunction shall be filed in any action in which custody and parent-time issues are being considered and that court may modify the injunction to balance the parties' custody and parent-time rights. A person who disobeys a civil stalking injunction may be arrested and prosecuted for the crime of stalking or may be held in contempt of court. Filing a civil stalking injunction case Is someone stalking you? You can file a Request of Civil Stalking Injunction. If you are a minor, you can file on your own, or ask a parent, guardian, or custodian to file for you. File in district court. File either where: you or the respondent reside, where you are temporarily staying, or where the events occurred. Here are the papers you need to file: Request for Civil Stalking Injunction Service Assistance Form Temporary Civil Stalking Injunction Civil Stalking Injunction Request for Hearing on Civil Stalking Injunction Proof of stalking, this can include: Police reports Statements from witnesses Audio or video tapes Photos Letters You do not have to pay anything to ask for a civil stalking injunction. The judge will review your request and your proof. They will either grant a temporary civil stalking injunction or deny your request. If the temporary civil stalking injunction is granted If the court finds there is a good reason for granting the injunction, the court will issue a temporary order. This is called an "ex parte" order. It means the court made the decision without hearing from the respondent. If the respondent is in Utah, the sheriff or constable will give (serve) a copy of the order to the respondent, and the order becomes effective once it is served. If the respondent is outside of Utah, the petitioner must arrange for service of the order. The order tells the respondent that they have 10 days after being served in which to request a hearing if they want to dispute the order. If the respondent requests a hearing, the court will notify the petitioner of the hearing date. Respondent's request for hearing Within 10 days If the respondent requests a hearing within the 10 days of being served with the temporary civil stalking injunction, the petitioner must prove to the court why the stalking injunction is needed. The petitioner should bring whatever they will need to prove their case, such as: witnesses photos police reports letters emails phone messages The judge will listen to both sides and then will decide whether to dismiss the temporary stalking injunction, make the temporary injunction a civil stalking injunction which will last for three years, or modify (change) the temporary injunction, and make it effective for three years. After 10 days The respondent may ask for a hearing at any time after the 10 day time frame, but the respondent must prove to the court why the stalking injunction should be dismissed. The judge will listen to both sides and then will decide whether to dismiss the civil stalking injunction or not. If the respondent does not request a hearing If the respondent does not request a hearing within 10 days of being served with the temporary civil stalking injunction, the temporary injunction automatically becomes a civil stalking injunction. The civil stalking injunction will be in effect for three years from the date of service of the temporary injunction. The respondent will not receive additional notice that the temporary order has turned into a civil stalking injunction. If the request for a civil stalking injunction is judge denied If the judge determines that the petitioner's request for a civil stalking injunction does not meet the requirements in the law, s/he will deny the request. The order denying the request will explain the reason(s) that the request was denied. Asking to dismiss the injunction The petitioner can ask the court to dismiss the temporary or permanent stalking injunction at any time. The respondent can ask to dismiss the temporary or permanent by requesting a hearing as described in the Respondent's request for hearing section above. Appeal If the petitioner or respondent believes the judge made a legal mistake in denying or granting the civil stalking injunction, they can file an appeal. See the court's Appeals page for information and forms. Forms How to file your request for a stalking injunction by email Forms to ask for a civil stalking injunction You can use the forms listed below, or put together the forms using OCAP , the Online Court Assistance Program. 1078XX 1049XX 1082XX 1083XX 1084XX Forms for the respondent to ask for a hearing 1084XX 1085XX 1086XX Forms for the petitioner to ask to dismiss a civil stalking injunction 1087XX 1086XX Court Use Only 1088XX (court use only) Quick Escape |
Removing the link between personal identifying information and dismissed criminal court case or denied request for civil protective order or civil stalking injunction Page Menu Generally, cases are public records. This means anyone could find cases under your name or date of birth. A limited number of case types allow you to ask to remove the link between your cases and your name and date of birth. This is available to: A defendant in a criminal case that has been dismissed A respondent in a civil protective order or a civil stalking injunction against them that was denied You can ask to remove the link by filing a Motion to Remove Link Between Personal Identifying Information and Dismissed Criminal Court Case or Denied Request for Civil Protective Order or Civil Stalking Injunction. If the request is granted, anyone who searches the courts' online records by your name or date of birth will not find the record for the de-linked case. This is not the same thing as asking for a criminal case to be expunged or a civil case to be sealed. The case record still exists, and can be found by case number, or in a civil protective order or a stalking injunction, by the petitioner's name or date of birth. Utah Code 77-40a-105 Requirements The court can grant the request if three requirements are met: The criminal case was dismissed, or the civil request for protective order or stalking injunction was denied, more than 30 days ago; An appeal has not been filed; and The case did not include any domestic violence charges. ( Utah Code 77-36-1 ) Will the motion be decided by a judge or commissioner? Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4 , commissioners are assigned to hear protective order cases (and other case types). Motions decided by a judge and motions decided by a commissioner follow different procedures. If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner. Motions decided by a judge are governed by URCP 7 . File the motion and send a copy to the other parties in the case. Then wait 14 days. Then you can file a Request to Submit for Decision and a proposed order and send a copy to the other parties in the case. See our page Service for details on how to send the papers. Motions decided by a commissioner are governed by URCP 101 .File the motion with a Notice of Hearing and send copies to the other parties in the case. The court will then schedule the hearing – be sure to attend. See our page Service for details on how to send the papers. Filing a motion can be more complicated than this. See our Motions web page for more information. Forms Forms for Motions Decided by a Judge 1501CR 1110GE (filed after all documents have been filed, or the time has passed for the prosecutor or other party to respond) 1502CR Forms for Motions Decided by a Commissioner Motion to Remove Link - PDF | Word 1110GE (filed after all documents have been filed, or the time has passed for the prosecutor or other party to respond) 1502CR |
Workplace Violence Protective Order Page Menu Related Information Adult Protective Services Child Protective Order Civil Stalking Injunction Cohabitant Protective Order Dating Violence Protective Order Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Interpreters Safety Planning (Utah Domestic Violence Coalition) Utah Code 78B-7-101 et seq., Protective orders generally Utah Domestic Violence Coalition Introduction This page explains what a Workplace Violence Protective Order is, and how to request one. You can also learn about Responding to a Workplace Violence Protective Order Asking to change a Workplace Violence Protective Order If you are unsure what kind of protective order you need, visit our page on Protection from Abuse . What is a Workplace Violence Protective Order? A Workplace Violence Protective Order can help to stop violence in the workplace. It can order someone to: Not to hurt or threaten to hurt employees while they are at work Stay away from a workplace Utah Code 78B-7-1101 to 78B-7-1105 Who can get a Workplace Violence Protective Order? If you are an employer, you can ask for a Workplace Violence Protective Order. You can request it to protect your business, your employees, or both. If one of your employees has been targeted for workplace violence, you will need to try your best to let them know that you are asking for the protective order. To ask for a Workplace Violence Protective Order you must have a reasonable belief that: The person you want the protective order against (called the respondent): Has knowingly hurt one of your employees or threatened to hurt them or Has caused significant damage to the business' property or threatened to The respondent's actions or threats would make a normal person feel terrorized, frightened, intimidated, or harassed. How can I get a Workplace Violence Protective Order? To ask the court for a Workplace Violence Protective Order, follow these three steps : Step 1 - fill out the paperwork and file it with the court Fill out these forms: 1301PO 1303PO 1307PO 1049XX Once you have everything filled out, file your papers with the court. If you are not sure how to do this, read the instructions about filing . Step 2 - wait for the court's decision The court will read the papers and decide whether to grant or deny your request for a temporary protective order. If the court grants your request: The court will give you a temporary order that only lasts for 21 days. The person you want the order against will be given the temporary order. It starts working when they receive it. The court will plan a hearing within 21 days. If the court denies your request: If the court doesn't grant your request, you can ask for a hearing. You can ask for a hearing. File this paper within five days: 1302PO The hearing is a chance for you to talk to the court and try to convince them to give you the protective order. Bring any proof you have and show it to the judge. There won't be a temporary order during this time. The court will give the respondent the papers about the request and hearing. They might come to the hearing. Step 3 - attend the hearing If the court gives you a temporary order, they will schedule a hearing within 21 days. You can find the date and time on the temporary order. Make sure you go to the hearing. During the hearing, you and the respondent will have the chance to show evidence and talk about why the court should or should not give a protective order for three years. Usually, you get to talk first and show your proof. Then, the other person will have time to talk and show their proof. Here are some important things to know: If the other person doesn't come to the hearing, the court might give the protective order without their input. If you don't come to the hearing, the court will cancel the temporary order. If the other person hasn't received a copy of the temporary order before the hearing, go to the hearing and ask for an extension of the temporary order. Otherwise, the case will be canceled. The court can make the 21-day temporary order last longer, but only in certain situations. These include when someone swears they cannot come to the hearing for a good reason, if the other person has not received the temporary order, or if there are urgent and important things happening. If your case is in Districts 1, 2, 3, or 4, a special person called a commissioner will listen to your case. In other districts, a judge will listen. After hearing both sides, the judge or commissioner will decide whether to cancel the temporary order or give a final protective order. If the court issues a final protective order, the temporary order will stay until it is given to the other person. Enforcing the protective order Not complying with a Workplace Violence Protective Order is against the law and considered a serious offense. It is called a class A misdemeanor. If the respondent disobeys the protective order, can call 9-1-1 for help. The first time someone breaks the protective order, they can be punished with up to 364 days in jail and a fine. If they continue to violate the order, it becomes even more serious. It becomes a third-degree felony. That can lead to up to five years in prison. To find out more about the penalties for crimes, visit the criminal penalties web page . Responding to a Workplace Violence Protective Order If you receive a Workplace Violence Protective Order, here is what you can do: Read the order carefully and follow what it says. It is very important to obey the order because there can be legal consequences if you do not. To learn more about how the order is enforced, check the details above about enforcing the protective order . Go to the hearing. The hearing is your chance to tell your side of the story to the court. Take any proof or people who can support your side of the story to the hearing. During the hearing, the person who asked for the protective order (called the petitioner) will talk first and show their proof. After that, it will be your turn to talk and show your proof. At the hearing, the petitioner needs to show two things: That you knowingly hurt an employee, caused significant damage to the business' property, or you threatened to. That what you did or said would make a reasonable person feel scared, frightened, intimidated, or harassed. Asking to change a Workplace Violence Protective Order Both the person who asked for the protective order (the petitioner) and the person the order is against (the respondent) can ask for changes to the protective order. But, the petitioner needs to agree to the changes. If you want to ask for changes, you can do it by filling out a form - called "Motion to Modify or Dismiss Protective Order." You can find the forms below. Forms To ask for a protective order 1301PO 1303PO 1307PO 1049XX 1302PO To ask to change a protective order 1310PO 1110GE 1311PO Other forms 1304PO 1305PO 1306PO 1308PO Quick Escape |
Criminal Penalties Page Menu This page provides general information about criminal penalties. After a person has been convicted of a crime, a judge considers many factors before imposing a sentence. A judge can impose a sentence that includes a jail or prison term, probation, a fine, community service, restitution, or a combination of these penalties. One of the factors a judge considers when deciding what penalties to impose is the type of crime that was committed. Classification of Criminal Offenses Crimes are classified into three categories: felonies, misdemeanors and infractions. To determine what category a crime falls into, look at the law in the Utah Code (if state law), or the appropriate city or county code . Most criminal statutes will say how the crime is classified. Felonies A felony is a major crime that can be punished with imprisonment, a fine, or both. There are four categories of felonies. Degree Possible Prison Term Possible Fine Capital Life in prison, life in prison without parole, or death First Degree Five years to life in prison Up to $10,000 Second Degree One to 15 years in prison Up to $10,000 Third Degree Zero to five years in prison Up to $5,000 See Utah Code §76-3-203 and §76-3-301 Misdemeanors A misdemeanor is an offense lower than a felony which can be punished with a county jail term of up to 364 days, a fine, or both. Many city and county ordinances and some state laws are misdemeanors. There are three categories of misdemeanors. Class Possible Prison Term Possible Fine Class A Up to 364 days in jail Up to $2,500 Class B Up to six months in jail Up to $1,000 or compensatory service Class C Up to 90 days in jail Up to $750 or compensatory service See Utah Code §76-3-204 and §76-3-301 Infractions An infraction is punishable by a fine up to $750, compensatory service , forfeiture, disqualification, or a combination of those punishments. Compensatory Service It may be possible to perform service or unpaid work instead of paying a criminal fine. This is called "compensatory service." Each hour of compensatory service is worth $10.00. Compensatory service can be performed for: a state or local government agency; a nonprofit organization; or any other entity or organization if prior approval is obtained from the court. Utah Code 76-3-301.7. How a Sentence is Determined The judge determines the sentence of a person convicted of a crime using the Utah Sentence and Release Guidelines. These are available on the Utah Sentencing Commission's website . The Guidelines also provide aggravating and mitigating factors that can be considered in sentencing. Aggravating factors These are facts of the case that can make the punishment more severe, including: whether the victim suffered substantial bodily injury; whether the offense was extremely cruel or depraved; whether the offender was in a position of authority over the victim; whether the victim was unusually vulnerable. whether the victim was selected because of a personal attribute. Utah Code 76-3-23.14 . A penalty can also be more severe if: the person committed the crime with two or more other people; the person used a dangerous weapon on or near a school; the person committed the crime in the presence of a child; the person is determined to have committed a hate crime; the person is determined to be a habitual offender; the offense was committed while in prison. Mitigating factors These are facts of the case that can make the punishment less severe, including: whether the offender was exceptionally cooperative with law enforcement; is a good candidate for treatment; has developmental disabilities. The Sentencing Process How the sentencing process works depends on the type of case. There are two types of cases: non-capital cases, where the possible punishment does not include the death penalty and capital cases, where a defendant could be sentenced to death. Non-Capital Cases A person convicted of a crime has the right to be sentenced in no fewer than two and no more than 45 days after conviction or entry of a plea. The defendant can waive that time frame and be sentenced on the day of conviction or plea. The defendant may also choose to be sentenced after 45 days if they need more time to prepare for sentencing. In felony cases, the judge often orders the Department of Corrections' Division of Adult Probation and Parole (AP&P) to prepare a pre-sentence report. This confidential report for the judge includes: the police report; the defendant's prior adult and juvenile record; the defendant's statement; drug and alcohol history; family history; probation history; impact of the crime on the victim; a sentencing recommendation for the judge's consideration. Victims and the defendant have the right to speak at the sentencing hearing. A judge making a sentencing decision considers their remarks along with the pre-sentence report and other evidence. Capital Cases A sentencing hearing is held at which defense counsel introduces evidence to show mitigating circumstances, and the state may introduce evidence to show aggravating circumstances. The jury or judge then deliberates to determine whether the person should be given the death penalty or a life sentence. |
Objecting to a Commissioner's Recommendation Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Motions Rules of Civil Procedure Serving Papers Utah Rule of Civil Procedure 7 Utah Rule of Civil Procedure 108 Objecting to a commissioner's recommendation If a party in a case disagrees with a commissioner's recommendation they can file an Objection to Commissioner's Recommendation under Utah Rule of Civil Procedure 108 . Either party can file the objection, but they must do so within 14 days of the commissioner's recommendation. Commissioners In Judicial Districts 1, 2, 3 and 4 , commissioners hear most matters in divorce, custody and other kinds of family law cases. A commissioner is a judicial officer who has the authority to review paperwork, hold hearings, gather evidence, and conduct settlement and pretrial conferences. They can also make recommendations to a judge, recommend sanctions and enter orders. A commissioner's recommendation is the order of the court unless or until it is modified by a judge. Sometimes a commissioner will read aloud their recommendation at a hearing (in "open court"). Sometimes a commissioner may "take the matter under advisement" and issue a recommendation later. Deadlines and process There are deadlines for filing the objection. If the commissioner… The objection must be filed within… Made the recommendation in open court 14 days of the hearing. Took the matter under advisement and the court made a minute entry 14 days after the minute entry of the recommendation was served. The objection should: Clearly and briefly identify which part of the commissioner's recommendation the party disagrees with, Explain why the recommendation should be changed, and State what the party would like the recommendation to say instead. The objection works like a motion, which means: Some of the forms involved will say "motion," instead of "objection." The objection is decided by a judge. The judge will not rule on the objection unless one of the parties files a Request to Submit for Decision. The earliest this can be filed is 14 days after filing the objection, unless the other party stipulates to the objection. This process is described in the Motions Decided by a Judge / Moving Party section of the Motions web page Responding to an objection If the other party wants to respond to the Objection to Commissioner's Recommendation, they must file a Memorandum Opposing the Objection within 14 days after the objection is filed. The process and timelines are described in the Opposing party section of the Motions web page . Substantial change of circumstances The judge will not consider any new evidence (evidence that was not presented with the original motion papers, or at the hearing) as part of the objection unless there has been a "substantial change of circumstances" since the commissioner's recommendation. Hearing Either party can ask for a hearing on the objection. If the hearing is about: a protective order, a motion to enforce order, custody issues, or Utah Code section 62A-15-601 et seq. (Utah State Hospital and Other Mental Health Facilities), either party may ask to present testimony and other evidence on issues relevant to custody. If the hearing is about other issues, the judge might allow testimony on those issues, but is not required to do so. If a party does not request a hearing, the judge might hold a hearing anyway, or they might review the evidence that was presented to the commissioner and make a decision without a hearing. The judge can review what was presented at the hearing, whether the evidence was by proffer, testimony or exhibit. Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance Required forms for the objecting party Objection to Commissioner's Recommendation and Memorandum - PDF | Word 1110FA (In the first paragraph, change "Motion to ___" to "Objection to Commissioner's Recommendation and Memorandum") Optional forms for the objecting party 1105FA (if the other party agrees to the Objection after it has been filed) 1106FA (if the other party has disagreed with the Objection and presented a new matter in their response, and the moving party wishes to respond) 1111FA (if a hearing is requested) Forms for the Opposing Party Required forms for the opposing party 1104FA (In the first paragraph, change "Motion to ___" to "Objection to Commissioner's Recommendation and Memorandum") Optional forms for the opposing party 1105FA (if the opposing party agrees to the Objection after it has been filed) 1111FA (if a hearing is requested) Something else Required forms for the objecting party 1040GE 1110GE (In the first paragraph, change "Motion to ___" to "Objection to Commissioner's Recommendation and Memorandum") Optional forms for the objecting party 1105GE (if the other party agrees to the Objection after it has been filed) 1106GE (if the other party has disagreed with the Objection and presented a new matter in their response, and the moving party wishes to respond) 1111GE (if a hearing is requested) Forms for the Opposing Party Required forms for the opposing party 1104GE (In the first paragraph, change "Motion to ___" to "Objection to Commissioner's Recommendation and Memorandum") Optional forms for the opposing party 1105GE (if the opposing party agrees to the Objection after it has been filed) 1111GE (if a hearing is requested) |
Glossary of Legal Terms Page Menu - A - abandonment - A parent's or custodian's act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship. abstract of record - A short, abbreviated form of the case as found in the record. accessory - A person who assists in the commission of a crime, either before or after the fact. action in personam - An action against the person, founded on personal liability, in contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property such as an automobile. adjudication - Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court. admissible evidence - Evidence which can legally and properly be used in court. admission - A statement tending to establish the guilt or liability of the person making the statement. adversary system - The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court. affidavit - A written and sworn statement witnessed by a notary public or another official possessing the authority to administer oaths. Affidavits may be admitted into evidence. agent - One who has authority to act for another. alibi - A defense claim that the accused was somewhere else at the time a crime was committed. allegation - The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Alternative Dispute Resolution (ADR) - Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. amicus curiae - A friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court. annual review - Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement. answer - A pleading by which defendant responds to the plaintiff's complaint . appeal - The bringing of a case to a higher court for review of a lower court's order or judgment . appearance - The formal proceeding by which defendant submits to the jurisdiction of the court. appellant - The party appealing a final decision or judgment . appellate court - A court which hears appeals from a lower court. appellate jurisdiction - The appellate court has the right to review and revise the lower court decision. appellee - The party against whom an appeal is taken. arraignment - In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed. arrest of judgment - Postponing the effect of a judgment already entered. assault - A willful attempt to illegally inflict injury on or threaten a person. assumption of risk - In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury. attorney fees - The fees charged by an attorney. A party is not entitled to recover attorney fees unless authorized to do so by contract between the parties or by statute. attorney of record - Attorney whose name appears in the permanent records or files of a case. - B - bail - In criminal cases, a sum of money posted by or on behalf of a defendant to guarantee his appearance in court after being released from jail; bail bond - An obligation signed by the defendant, with sureties, to secure his/her presence in court; bail bondsman - A person who posts bail in exchange for a fee, usually 10 percent of the total bail. bailiff - A court officer whose duties are to keep order in the courtroom and to have custody of the jury. battered child syndrome (B.C.S.) - Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian. Also termed Parent Infant Trauma Syndrome (P.I.T.S.). battery - Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery). bench trial - Trial without a jury in which the judge decides the case. bench warrant - An order issued by the court for the arrest of a person. beyond a reasonable doubt - Entirely convinced; in a criminal case the defendant's guilt must be proven to the jury to this extent. This is the highest burden of proof any party has in any proceeding bind over - A judge's decision to hold a criminal defendant for trial. brief - A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position. burden of proof - The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case. burglary - The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. - C - calendar - A court's list of cases for arraignment , hearing , trial or arguments. caption - The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc. case law - The law made by courts interpreting cases and laws as opposed to law made by legislatures. In the American system, the primary sources of law are 1) constitutions, 2) statutes/regulations, and 3) case law. cause of action - A claim in law in fact sufficient to justify a legal right to sue. certification - Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first degree felonies or for chronic offenders. certiorari - See writ of certiorari . challenge to the array - Questioning the qualifications of an entire jury panel, usually on the grounds of partiality or some fault in the process of summoning the panel. chambers - A judge's private office in the courthouse. change of venue - The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located. charge - The statement accusing a person of committing a particular crime. Also the judge's instructions to the jury on its duties, on the law involved in the case and on how the law in the case must be applied. child abuse - Any form of cruelty to a child's physical, moral or mental well-being. circumstantial evidence - All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. citation - An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge. civil case - A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings. clerk of the court - Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses. code - A collection, compendium or revision of laws, rules and regulations enacted by the legislature, i.e., Utah Code Annotated. codicil - A supplement or an addition to a will. It may explain, modify, add to, subtract from, qualify, alter, restrain or revoke provisions in the existing will. commit - To send a person to prison or jail in criminal proceedings, or to another institution in civil cases by authority of a court. common law - General provisions of law existing before codification or interpretation by courts. commutation - The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. In Utah this may be done by the Board of Pardons. comparative negligence - The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff , which contributed to the plaintiff's injury. competency - A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers. complainant - Synonymous with "plaintiff," or, in criminal cases, the complaining witness. complaint - The first pleading on the part of the plaintiff in a civil action. concurrent jurisdiction - The jurisdiction of two or more courts, each authorized to deal with the same subject matter. concurrent sentence - Sentence under which two or more prison or jail terms are served simultaneously, and the prisoner is entitled to discharge when the longest term specified expires (i.e., sentences of 1 to 15 years and 0 to 5 years means a maximum sentence of 15 years). Differs from a consecutive sentence, which is when the sentences are served back-to-back. (A 1 to 15 and 0 to 5 consecutive sentence could mean up to 20 years). condemnation - The legal process by which real estate of a private owner is taken for public use without the owner's consent, but the owner receives "just compensation." conditional release - A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked. contempt of court - Any act involving disrespect to the court or failure to obey its rules or orders. Comtempt of court carries a maximum of 30 days in jail. continuance - A court order postponing proceedings. contract - An oral or written agreement between two or more parties which is enforceable by law. conviction - In a criminal case, a finding that the defendant is guilty. corpus delicti - The substance or foundation of a crime; the substantial fact that a crime has been committed, e g., the corpse of a homicide victim, the charred remains of a burned house. corroboration - Confirmation or support of a witness' statement or other fact. corroborating evidence - Evidence supplementary to that already given and tending to strengthen or confirm it. court reporter - A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings. costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees. counterclaim - A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff . courts of record - Courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt. In Utah, they include the Supreme Court, the Court of Appeals, district courts and juvenile courts. Courts not of record are those of lesser authority whose proceedings are not permanently recorded, i.e., the Justice Courts. criminal case - A case brought by the government against a person accused of committing a crime. criminal insanity - Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong. cross-claim - In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant. cross-examination - The questioning of a witness by the lawyer for the opposing side. This may be done by leading questions, questions which suggest the answer. custody - The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline. - D - damages - Money that a court orders paid to party (usually the plaintiff ) who has suffered a loss by another party who caused the loss (usually the defendant ). declaratory judgment - One which declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done. decree - A decision or order of the court. A final decree is one which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree which is not final. defamation - The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status. (Includes libel, which is written, and slander, which is spoken). default - Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial. The court may then enter a default judgment . defendant - The accused in a criminal case; the person from whom money or other recovery is sought in a civil case. deferred sentence - The court retains jurisdiction to sentence the defendant at a later time. deliberation - The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions. delinquency - The commission of an illegal act by a juvenile. dependent child - A child who is homeless or without proper care through no fault of the parent, guardian, or custodian. deposition - The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape. deprivation of custody - The court transfers legal custody of a person from parents or legal guardian to another person, agency or institution. It may be temporary or permanent. detention hearing - In Juvenile Court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment . direct evidence - Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of interrogation. direct examination - The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non leading questions. directed verdict - In civil cases in which there is insufficient basis for any other conclusion, the judge may direct the jury to render a specific verdict. Criminal defendants may also ask the court to rule in their favor rather than submitting the case to the jury. discovery - The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial. dismissal without prejudice - A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause. disposition - The order of a Juvenile Court determining what is to be done with a minor already adjudged to be within the court's jurisdiction. In criminal or civil cases, the settlement of a case. dispositional report - In Juvenile Court, a written report relating to the child's mental, physical, and social history, submitted by the juvenile probation department or other designated agency to assist the judge in determining a proper disposition. dissent - A term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majority. diversion - Procedures for handling relatively insignificant juvenile problems informally, without referral to Juvenile Court. In criminal cases, the formal continuance of a case for a certain length of time, usually a year, with the goal of dismissal if the defendant meets certain conditions. docket - A brief entry or the book containing such entries of any proceeding in court. domicile - That place where a person has his true and permanent home. A person may have several residences, but only one domicile. double jeopardy - Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime. due process - The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt. - E - embezzlement - The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. eminent domain - The power to take private property for public use by the state and municipalities. en banc - A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc. enjoin - See injunction . entrapment - In criminal procedures, a complete defense. The defendant must show that officers induced the defendant to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. equity, courts of - Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. The English system upon which most American states modeled their court systems included two separate sets of courts: equity and law. Although Utah has now combined the two in a single system, court continue to refer to their powers in equity as distinct from their functions as courts of law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law. escheat - In American law, the right of the state to an estate left vacant, to which no one makes a valid claim. Property of a decedent who had no will and no heirs escheats to the state. escrow - A writing, deed, money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled. estate - A collective term meaning all real and personal property owned by a person. estoppel - A person's own act, or acceptance of facts, which preclude later claims to the contrary. et al - An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding. et seq - An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. evidence - Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact. exclusionary rule - A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the proceedings. exclusion of witnesses - An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order. exclusive jurisdiction - The matter can only be filed in one court. executor - A person assigned to carry out the provisions of a will. exhibit - A paper, document or other article presented and offered into evidence in court during a trial or hearing to prove the facts of a case. ex parte - By or for one party only. Ordinarily courts are not allowed to engage in communications with one party only (ex parte communications). Both parties must be heard. expert testimony - Testimony given in relation to some scientific, technical or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject. ex post facto - After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted. expungement - A court order allowing the destruction or sealing of records of minors or adults, after the passage of a specified period of time or when the person reaches a specified age and has not committed another offense. extradition - The surrender by one state to another of an individual accused or convicted of an offense outside its own territory, and within the territorial jurisdiction of the other. extraordinary writ - A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus , mandamus , prohibition and quo warranto. - F - false arrest - Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer. false pretenses - Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods. fee simple absolute - The most complete, unlimited form of ownership of real property. felony - A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree. fiduciary - A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's rights and/or property which are within his/her charge. Fifth Amendment - Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. fine - A sum of money paid as part of a penalty of conviction for a particular criminal offense. fitness hearing - A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing. forcible entry and detainer - Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession. foreclosure - A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. forfeiture - The concept of forfeiture is used in a variety of settings in the legal system. For example, property such as an automobile or house that is used in the commission of a crime i.e., selling a controlled substance, may be forfeited to the state in a civil proceeding. foster care - A form of substitute care, usually in a home licensed by a public agency, for children whose welfare requires removal from their homes. foundation - In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses' qualifications must be shown before expert testimony will be admissible. Fourteenth Amendment - Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Fourth Amendment - The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. - G - garnishee - A person holding a judgment debtor's property, such as debtor's employer (holding wages) or bank (holding an account). garnishment - A court order to take part of a person's wages, before he gets them, and apply the amount taken to pay a debt owed to a creditor. grand jury - A group of citizens impaneled to hear evidence and decide whether a defendant should be charged with a crime. The grand jury is used frequently in federal courts, but rarely in Utah state courts. guardian ad litem - In Utah State Court proceedings, a lawyer appointed by a court to look after the interests of an infant, child or incompetent person during court proceedings. guardian - A guardian has the authority to consent, on behalf of an infant, child or incompetent, to marriage, enlistment in the armed forces, or major medical, surgical, or psychiatric treatment. Includes legal custody. - H - habeas corpus - Latin phrase meaning "you have the body"; A civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court. Lower court decisions may be appealed to appellate courts. harmless error - An error committed by a lower court during a trial, but not prejudicial to the rights of the party and for which the appellate court will not reverse the judgment. hearing - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. hearing de novo - A full new hearing. hearsay - Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something. holographic will - A will entirely written, dated and signed by the testator in his/her own handwriting. hostile witness - A witness who displays antagonism toward the party who called him to testify, or who is a witness for the opposing party. The examining party is allowed to conduct direct examination as if it were cross-examination. hung jury - A jury which cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried. hypothetical question - A form of question generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only facts already in evidence. - I - immunity - Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities. impanel - To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impanelled. The jurors are sworn in and the trial is ready to proceed. impeachment of witness - An attack on the credibility of a witness . inadmissible/incompetent evidence - Information which is so unreliable it cannot be admitted under the established rules of evidence. in camera - In a judge's chambers; in private. incarceration - Imprisonment; confinement in a jail or penitentiary. incest - The crime of sexual intercourse between a male and a female who are so closely related they would not legally be allowed to marry. indeterminate sentence - An indefinite sentence of imprisonment, within a specified range (e.g. "5 to life") with the Board of Pardons later determining the exact term to be served. indictment - An accusation of a criminal offense made by a grand jury . information - The first paper filed in criminal prosecution which states the crime of which the defendant is accused. injunction - A court order forbidding or requiring a certain action. in loco parentis - "In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place. instruction - A direction given by the judge to the jury concerning the law to be applied in the case. inter alia - Among other things. interlocutory appeal - An appeal to an appellate court of a temporary or provisional order of a trial court. The appellate court is not required to hear the appeal. interrogatories - In the discovery phase of civil litigation, these written questions are submitted by one party to another party and must be answered in writing under oath. interstate compact - A contract between member states to supervise juveniles on probation or parole, and to return delinquent juveniles who have escaped or nondelinquent juveniles who have run away, from one state to another. intervention - A proceeding in a civil suit by which a third person is permitted by the court to join as a party to the suit. intestate - The status of a person who dies without leaving a will. irrelevant - Evidence not sufficiently related to the matter in issue. - J - judge pro tempore - A lawyer appointed by the Utah Supreme Court to sit temporarily as a judge. A judge pro tempore has all the authority of a regularly appointed judge. judgment - The official decision of a court disposing of a case. judgment creditor - The party in whose favor a judgment has been rendered. judgment debtor - The party against whom a judgment has been rendered. jurisdiction - The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case. jurisprudence - Formal study of the principles on which legal rules are based and the means by which judges guide their decision making. jury commissioner - An officer charged with the duty of selecting the names to be put into a jury wheel, or of drawing the panel of jurors for a particular term of court. - L - law and motion - A setting before a judge at which time a variety of motions , pleas , sentencings , orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present. leading question - One which virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one which suggests to the witness the answer desired. Ordinarily prohibited on direct examination, although allowed on cross-examination. levy - A seizure; the obtaining of money by legal process through seizure and sale of property. liability - A legal responsibility, obligation, or debt. libel - See defamation . lien - A claim against property for payment of a debt. Common types of liens include the mechanic's lien, the judgment lien, and the mortgage lien. lis pendens - A pending suit. litigant - A party to a lawsuit; one engaged in litigation. locus delicti - The place of the offense. - M - malfeasance - Unlawful conduct. malicious prosecution - A meritless (civil or criminal) action instituted solely to harass the defendant . Such misuse of the judicial process may be the basis for an action against the original plaintiff /prosecutor. malpractice - A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services. mandamus - A writ by which a court commands the performance of a particular act. manslaughter - A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. material evidence - Evidence which is relevant to the issues in a case. mens rea - Literally, "guilty mind." The intent required to commit the crime. One of the two basic requirements, along with the guilty act (actus reus) which constitute a crime. Miranda rule - The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel. misdemeanor - A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. mistrial - A trial which is void because of some error. mitigating circumstance - A circumstance which may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense. moot - A moot point is one that need not be decided, due to a change of circumstances. moral turpitude - Conduct contrary to honesty or good morals. motion - A formal request presented to a court. multiplicity of actions - Numerous and unnecessary attempts to litigate the same issue. - N - ne exeat - A writ which forbids the person to whom it is addressed to leave the country, the state or the jurisdiction of the court. negligence - Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances. no bill - This phrase, endorsed by a grand jury on an indictment, means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge. no-fault divorce - A kind of divorce in which the parties need not cast blame on one another for the failure of the marriage. nolle prosequi - A formal entry upon the record by the plaintiff in a civil suit, or the prosecuting officer in a criminal case, declaring the case will not be prosecuted. nolo contendere - A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases. nominal party - One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record. non compos mentis - Not of sound mind; insane. not guilty plea - Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues. not guilty by reason of insanity - The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense. - O - objection - The act of taking exception to some statement or procedure in trial or other proceeding. Used to call the court's attention to improper evidence or procedure. of counsel - A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party. opinion evidence - Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts. order to show cause - Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked. ordinance - A written law enacted by the legislative body of a county, city, or town. original jurisdiction - The court in which a matter must first be filed. - P - pardon - Action by an official of an executive branch of government relieving a criminal from a conviction. Parent Infant Trauma Syndrome (P.I.T.S.) - See Battered Child Syndrome parole - A procedure in which a parole board releases a convict on good behavior before the maximum sentence expires. parol evidence - Oral or verbal evidence (rather than written). The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract. parties - The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant". peremptory challenge - Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. By contrast, the parties have unlimited rights to challenge jurors for good cause, but the judge must approve "for cause challenges." Parties may not exercise peremptory challenges on the basis of race or gender. perjury - Lying while under oath. petition - A civil pleading filed to initiate a matter in Juvenile Court, setting forth the alleged grounds for the court to take jurisdiction of the case and asking the court to do so and intervene. petit jury - The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury. plaintiff - A person who files a lawsuit. plea - The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill). plea bargaining - A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case. pleading - The formal allegations by the parties of their respective claims and defenses. polling the jury - A practice whereby the jurors are asked individually on the record whether they agreed, and still agree, to the verdict. power of attorney - A written instrument authorizing another (not necessarily a lawyer) to act as one's agent or attorney. praecipe - A document describing property to be seized. precedent - A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases. prejudicial evidence - Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value. prejudicial error - Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it. preliminary hearing - A probable cause hearing which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing. preliminary injunction - In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity. preliminary inquiry - In Juvenile Court, an investigation and study conducted by the probation department upon receiving a referral to determine whether further action should be taken. premeditation - The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. preponderance of evidence - Evidence which is (even minimally) of greater weight or more convincing than the evidence which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit. presentence report - An investigation conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide the court with extensive background information to determine the appropriate sentence. On felonies, usually done by the Department of Corrections, Division of Adult Probation & Parole (AP & P). presentment (first appearance) - In felony cases, the first appearance before a judge at which the defendant is formally notified of the charges and a date is set for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is often incorrectly called arraignment.) prima facie - Literally, "on its face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rests, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict. privileged communications - Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister or rabbi and penitent are typically privileged. probable cause - A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched. probate - The process of proving the validity of a will. probation - A sentence releasing a convicted criminal into the community or a treatment facility under the supervision of a probation officer, requiring compliance with certain conditions. If the conditions are not met, the court orders an "Order to Show Cause" hearing as to why probation should not be revoked and the sentence imposed. pro se - For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court. prosecutor - The name of the public officer who is appointed in each county to conduct criminal prosecutions on behalf of the state or people. protective custody - In child abuse and neglect cases, the emergency removal of child from his home when the child would be in imminent danger if allowed to remain with the parent(s) or custodian(s). protective supervision - A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court. proximate cause - In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss. Similarly, in a criminal action, the state must prove beyond a reasonable doubt that the defendant's action was the direct cause of the crime. public defender - Lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own. The term may also be used to refer to a private firm receiving public money to defend indigent criminal defendants. punitive damages - Money awarded to an injured person, over and above the measurable value of the injury, in order to punish the person who hurt him. - Q - quash - To overthrow; vacate; to annul or void a summons, indictment, bindover order or subpoena. quid pro quo - What for what; something for something; giving one valuable thing for another. - R - reasonable doubt - A person accused of a crime is entitled to acquittal if, in the minds of the jury or judge, his or her guilt has not been proved beyond a "reasonable doubt"; the jurors are not entirely convinced of the person's guilt. rebuttal evidence - Evidence given to explain, contradict, or disprove facts offered by the adverse party. In criminal cases, the state has the opportunity to rebut the defendant's case because it has the burden of proof. recidivism - The continued, habitual or compulsive commission of law violations after first having been convicted of prior offenses. recognizance - A kind of bail, consisting of a written promise to appear in court when required. Generally, when there is no good reason to suppose the accused in a criminal case will not appear when required or the accused is not a significant risk to the community, he or she will be released on his or her own recognizance. redirect examination - Follows cross-examination, and is conducted by the party who first examined the witness. referral - In Juvenile Court, a written report submitted by a law enforcement officer or other person who has reason to believe a juvenile has committed a crime that would place the child within the jurisdiction of the Juvenile Court. relevant - Evidence that helps to prove a point or issue in a case. remand - "To send back"; For example, an appellate court may remand a case to a lower court for retrial or for some change in disposition. removal, order of - An order by a court directing the transfer of a case to another court. For example, when a case is proper for jurisdiction in federal court, the federal court may remove the case from the state court in which it was originally filed. reporting statutes - State laws requiring certain designated persons (physicians, nurses, teachers) to report to the authorities suspected cases of child abuse and injuries. res ipsa loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence. res judicata - A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter. respondeat superior - Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties. respondent - 1) the person who is the subject of a petition, 2) the prevailing party in a court case against whom an appeal is taken. rest - A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer. restitution - Court-ordered payment to restore goods or money to the victim of a crime by the offender. restraining order - Similar to an injunction, commanding the party to leave the other party alone, usually in a divorce proceeding. retainer - The fee which the client pays when he/she retains an attorney. - S - sealing - The closure of court records to inspection, except to the parties. search and seizure, unreasonable - In general, an examination, without authority of law, of one's premises or person to find stolen property or contraband. search warrant - An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. self-defense - The protection of one's person or property against some injury attempted by another. The law of "self defense" justifies an act done in the reasonable belief of immediate danger. When acting in justifiable self-defense, a person may not be punished criminally nor held responsible for civil damages. sentence - The judgment formally pronounced by the court upon the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted. suspended sentence - A sentence ordered by the court but not imposed, which gives the defendant an opportunity to complete probation. sentence, deferred - The court retains jurisdiction to sentence the defendant at a later time. separate maintenance - Allowance ordered to be paid by one spouse to the other for support while the spouses are living apart but not divorced. service of process - Notifying a person that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation or warrant, to which a copy of the complaint is attached. Subpoenas are court orders which, if properly served, compel the attendance of the witness in court. slander - See Defamation . small claims - A civil dispute in which the amounts of money involved is less than $2,000. Persons usually are not represented by lawyers in small claims proceedings. Small claims are litigated in the small claims division of the District Court, or in the Justice Court. sovereign immunity - The doctrine that a government or governmental agency cannot be sued without consent. specific performance - A mandatory order in equity. Where monetary damages would be inadequate compensation for the breach of a contract, the contractor will be compelled to perform specifically what the contract called for. standard of proof - There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence. stare decisis - The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. This is a defining characteristic of the common law system followed in the U.S., Great Britain, and a few other nations. status offense - Refers to misbehavior which would not be criminal if committed by an adult (e.g., truancy, runaway, etc.), but is defined as an offense when committed by a minor because of the minor's status. statute - A law passed by the state legislature. statute of limitations - A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations. stay - A stopping or arresting of a judicial proceeding by order of a court (e.g., a stay of enforcement of a judgment). stipulation - An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by the parties, and most stipulations must be in writing. subpoena - An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. subpoena duces tecum - A special form of subpoena which commands a witness to produce certain documents or records in a trial or at a deposition. substantive law - The law dealing with rights, duties and liabilities, as contrasted with procedural law, which governs the technical aspects of enforcing civil or criminal laws. summons - A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint. suppression hearing - A hearing on a criminal defendant's motion to prohibit the prosecutor's use of evidence alleged to have been obtained in violation of the defendant's rights. This hearing is held outside of the presence of the jury, either prior to or at trial. The judge must rule as a matter of law on the motion. - T - temporary restraining order - See preliminary injunction . termination of parental rights - A judicial proceeding freeing a child from all custody and control by parents, so the child can be adopted by others. testate - One who has died leaving a will or one who has made a will. testator - The person who makes a will. (female: testatrix) testimony - Information or evidence given by a witness under oath. tort - An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. transcript - The official record of proceedings in a trial or hearing. trial - A judicial examination of issues between parties to an action. trial by declaration or informal traffic hearing - Persons who receive a traffic citation have an option to appear before a judge in an informal hearing called Trial by Declaration. At this hearing, there are no prosecutors, police or witnesses present. The person simply tells the judge his/her side of the story and the judge takes what action he/she determines is appropriate. If the defendant disagrees with the judge at the informal hearing, he/she may request and receive a formal trial. trial de novo - A new trial or retrial held in an appellate court in which the whole case is heard as if no trial had been heard in the lower court or administrative agency. trust - A transaction in which the owner of real property or personal property (the trustor or settlor) gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the "beneficiary." - U - undue influence - Whatever destroys free will and causes a person to do something he would not do if left to himself. For example, a strong willed family member might be found to have used undue influence on an elderly person's drawing up of a will. unlawful detainer - A detention of real estate without the consent of the owner or other person entitled to its possession. - V - venue - The particular county, city or geographical area in which a court with jurisdiction may hear and determine a case. A change of venue, i.e., a change to a court in a different area may be sought under some circumstances. verdict - The formal and unanimous decision or finding made by a jury. voir dire -"To speak the truth". The questioning of potential jurors by the judge and the lawyers to determine any biases, prejudices or other reasons for disqualification. - W - waive - To give up a right or claim voluntarily. waiver of immunity - A means authorized by statutes by which a witness, in advance of giving testimony or producing evidence, may renounce the fundamental constitutional right that no person shall be compelled to be a witness against himself/herself. warrant - A written order issued and signed by a judge or magistrate which allows the police to search a place and seize specified items found there (search warrant), or to arrest or detain a specified person (arrest warrant). willful - A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently. with prejudice - A dismissal "with prejudice" bars the right to bring or maintain another action on the same claim or cause. without prejudice - A dismissal "without prejudice" allows a new suit to be brought on the same cause of action. witness - One who testifies under oath to what he/she has seen, heard or otherwise observed. writ - A directive issued by the court commanding a named person to perform a specified act. writ of certiorari - A procedure requesting appellate review. It is discretionary. If the writ is denied, the higher court refuses to hear the appeal and the judgment in the lower court stands unchanged. If the writ is granted, the higher court hears the appeal. |
Statutes of Limitation Page Menu Statutes of Limitation Questions A statute of limitation is the time allowed to file a court case. Statutes of limitation apply in both civil and criminal cases. The statute of limitations for some cases is as short as six months, while some serious criminal offenses have no limit and can be filed at any time, even decades after the crime occurred. Most statutes of limitation range from one to eight years. Where Do You Look for Statutes of Limitation? You can find statutes of limitation in the Utah Code. Many (but not all) criminal statutes of limitation are found in Utah Code §76-1-301 to §76-1-306 . Many (but not all) civil statutes of limitation are found in Utah Code Title 78B, Chapter 2 . If you are using a print version the Utah Code, look in the Index under the heading Limitation of Actions. You can also search the Utah Code online . Search for the terms "statute of limitations" or "limitation of actions." Ask for Professional Help Statutes of limitation can be complicated. To make sure you are relying on the right one in your case, consider talking to an attorney. Otherwise, your case could be over before it ever starts. Big Consequences The consequence for relying on the wrong time limitation can be severe. If the statute of limitations has "run" or passed: In criminal cases, the defendant cannot be prosecuted for that offense. In civil cases, the defendant can ask the court to dismiss the case. When Does the Clock Start Ticking? Deciding on the right time limit can be difficult and can be complicated by deciding when the clock begins to run. In some cases, it starts from the date of harm. In other cases, it starts from the date the harm was discovered or should have been discovered, or not until a minor reaches age 18. There are other triggers as well. It is important to know when to start counting time. Sometimes the Clock Stops There are also things that can "toll" or suspend the running of the time limit. Look for tolling circumstances in the Utah Code and in the decisions of the Utah Court of Appeals and Utah Supreme court that interpret the Utah Code. See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes. |
Subpoenas Page Menu Related Information Disclosure and Discovery Filing Fees Map of Courts and Judicial Districts Request for Certificate of Good Standing from the Utah Supreme Court Serving Papers Utah Rules of Civil Procedure Utah Uniform Interstate Depositions and Discovery Act, Utah Code 78B-17-101 et seq. Witness Fees What is a subpoena? A subpoena can help a party investigate their case. It is a document a party to a lawsuit can use to require a person or company to: testify at a trial, hearing or deposition to answer questions under oath allow inspection of a place produce or bring documents or tangible things to a hearing copy documents or electronically stored information A subpoena must be signed by a court clerk or a Utah attorney. An unrepresented party must have a court clerk sign a subpoena. Subpoenas are governed by Utah Rule of Civil Procedure 45 . In criminal cases, subpoenas are governed by Utah Rule of Criminal Procedure 14 . A party to a lawsuit has other tools available for investigating their case. See the Disclosure and Discovery web page for more information. Steps for requesting a subpoena Fill out the subpoena form, available in the Forms section below. If the subpoena directs someone to appear at a trial, hearing or deposition they must be given a reasonable amount of time to plan to attend. If the subpoena directs someone to copy documents, they must be given at least 14 days to do so. The party asking for the subpoena must avoid making requests that would be very expensive or time consuming, unless there is a very good reason for the request. Bring the form to the court for a court clerk to sign. If a party is represented by an attorney, the attorney can sign the subpoena. Deliver a copy of the subpoena to the other parties in the case. The subpoena must be delivered to the other parties before the subpoena is served on the person to whom it is directed unless the subpoena requires someone to appear in court as a witness. Utah Rule of Civil Procedure 45(b)(3) . Serving the subpoena Serve the following documents, available in the Forms section below, on the person who is the subject of the subpoena: Subpoena This explains what the person served with the subpoena is required to do and is signed by a court clerk or a Utah attorney. Notice to Persons Served with a Subpoena This explains the rights and responsibilities of the person who is served with the subpoena. Objection to Subpoena This can be used by the person served with the subpoena if they wish to object to the subpoena. Declaration of Compliance with Subpoena This is completed by the person served with the subpoena once they do what the subpoena requires. Witness Fee If the subpoena requires a person to appear and testify at a trial, court hearing or deposition, the party must also provide one day's worth of the witness fee and mileage. How to calculate the witness fee and mileage is explained in Utah Code section 78B-1-119 . Serve all of these documents by one of the methods described in Utah Rule of Civil Procedure 4(d) What happens after the subpoena is issued After a subpoena is properly served, the person served with the subpoena generally must do what the subpoena says. If the subpoena requires someone to: Testify at a trial, court hearing or deposition to answer questions under oath A witness who has been subpoenaed to testify must attend the hearing or deposition. If they do not, the court may issue an arrest warrant, hold the person in contempt of court, or reschedule a hearing. All witnesses should be subpoenaed, even friendly ones. The party might assume that their best friend will come to court to testify on their behalf. If the party does not subpoena their best friend and they don't show up, the court might not let the party reschedule the hearing. Allow inspection of a place The person served with the subpoena must make their property available for inspection. For example, if a case claims there was a problem with toxic mold in an apartment building, the subpoena could require the owner of the building to let people in to take samples of the mold for testing. Produce documents or tangible things The person served with the subpoena must bring whatever documents or tangible things the subpoena asks for to a hearing. For example, if the case is about a rare bird, the subpoena could require the person caring for the bird to bring it to a hearing. Copy documents or electronically stored information The person served with the subpoena must copy whatever documents or electronically stored information is requested. The person who issued the subpoena must pay the reasonable cost of producing or copying those documents. Utah Rule of Civil Procedure 45(d) . The person served with the subpoena has at least 14 days to comply with the request, and must mail copies of the documents to the party who issued the subpoena along with a copy of the Declaration in Compliance with Subpoena form, available in the Forms section below. Utah Rule of Civil Procedure 45(e)(2) . Utah resident or not? There are different rules for Utah residents and non-residents. If the person served with the subpoena is a Utah resident , the subpoena can require them to appear at a deposition or to produce documents, electronic records or tangible things or to permit inspection of premises in the county where the person: lives; is employed; or transacts business in person. If the person served with the subpoena is a non-resident of Utah , the subpoena can require them to appear at a deposition or to produce documents, electronic records or tangible things or to permit inspection of premises in only the county in which they are served with the subpoena. For both residents and non-residents, the person served with the subpoena can be required to appear at a trial or hearing in the county where the case is pending, even if they were not served in that county and do not live in that county. The court can also order something different than above. This can be complicated. See the Finding Legal Help web page for information about ways to get legal help. Utah Rule of Civil Procedure 45(c) . Requirements of the person served with the subpoena The person served with a subpoena must do what the subpoena says unless they have objections. If the subpoena requires the person to … The person must… testify at a trial, hearing or deposition appear at the trial, hearing or deposition. allow inspection of a place allow inspection of a place. produce documents or other tangible things to a hearing go to the hearing and produce the documents or things. copy documents or electronically stored information send the copies and a Declaration of Compliance with Subpoena form to the party issuing the subpoena. If the person served with the subpoena has objections, they can instead send the party issuing the subpoena the completed Objection to Subpoena form. If the person does not comply with the subpoena If a person served with a subpoena does not comply with the subpoena without a good reason, there can be serious consequences. The party who requested or issued the subpoena can file a motion to compel with the court. The court could then take the following actions against the person who received the subpoena: issue a warrant for their arrest (if they are evading service of the subpoena or do not attend a hearing or deposition after being served), hold them in contempt of court, fine them, and require them pay for any damages that result from their failure to attend a hearing. Utah Rule of Civil Procedure 45(g) and (h) and Utah Code Section 78B-1-131 . Objecting to a subpoena A person served with a subpoena can object to all or part of the subpoena. Some possible reasons to object include the subpoena: does not allow a reasonable time to comply. A person must be given at least 14 days to produce documents or tangible things. requires a Utah resident to appear at a deposition, produce documents, electronic records or tangible things; or permit inspection of premises in a county in which they do not live, are not employed, or do not transact business in person – unless the judge orders otherwise. requires a non-Utah resident to appear at a deposition; produce documents, electronic records or tangible things; or permit inspection of premises in a county other than the county in which it was served – unless the judge orders otherwise. requires the person to disclose privileged or other protected matter and no exception or waiver applies. requires the person to disclose a trade secret or other confidential research, development, or commercial information. subjects the person to an undue burden. requires the person to disclose an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study that was not made at the request of a party. The Objection must be made before the date for compliance, and must be served on all parties in the case. The Objection must be served following the requirements of Utah Rule of Civil Procedure 5 . Utah Rule of Civil Procedure 45(e)(4)(A) . After an objection is served the person served with the subpoena does not have to comply with the subpoena. The party issuing the subpoena can then ask the court for an order to compel compliance by filing a motion to compel with the court. Utah Rule of Civil Procedure 37(a) The court can quash (dismiss) or modify the subpoena, or the court can order the party to comply. The party who received the subpoena can also file a motion to request an order protecting them from the requirements of the subpoena. The other party in the case can also file a motion requesting a protective order for the party who received the subpoena. This can be complicated. See our Finding Legal Help page for information about ways to get legal help. Application for a Utah subpoena based on a subpoena from another state A Utah court can issue a subpoena based on a subpoena that was first issued in another state. There are two processes to request this from a Utah court. It depends on whether the state that issued the initial subpoena has passed the Interstate Depositions and Discovery Act (UIDDA). States that have passed the Interstate Depositions and Discovery Act More than 30 states have enacted the Uniform Interstate Depositions and Discovery Act , or something similar to it. If a subpoena is issued in a case in one of those states, and the subpoena is directed to a person in Utah, UIDDA has a process to ask a Utah court to issue a Utah subpoena based on the subpoena from that state. The non-Utah subpoena is called a "foreign subpoena." The requesting party must file the following documents in the court in the judicial district in which discovery is sought to be conducted, along with the required filing fee: 1044XX Foreign subpoena (include all attachments) 1224GE 1220GE Only the clerk of court may issue a Utah subpoena based on a foreign subpoena. Utah Code Section 78B-17-201 . The court will assign a case number and judge. Once this process is completed, the subpoena should be served as described in the Serving the subpoena section above. If the person served with the subpoena is a Utah resident , a special court order is necessary if the subpoena requires the person to attend a deposition, to produce documents, electronic records or tangible things or to permit inspection of premises in any county other than the one in which the person resides, is employed, or transact business personally. If the person served with the subpoena is not a Utah resident , a special court order is necessary if the subpoena requires the person to attend a deposition, or to produce documents, electronic records or tangible things or to permit inspection of premises in any county other than the one in which the person is served. Utah Rule of Civil Procedure 45(c) and UIDDA, Utah Code 78B-17-101 et seq. States that have not passed the Interstate Depositions and Discovery Act Information for states that have not enacted Uniform Interstate Depositions and Discovery Act is limited. The Utah Rules of Civil Procedure govern all issues. If a state has not enacted UIDDA or something similar, the person asking for a Utah subpoena must file the following documents in the court in the judicial district in which the person to be subpoenaed lives or is to be served, along with the required filing fee: 1044XX 1225GE 1220GE A member of the Utah State Bar representing a party in a case may prepare and sign a subpoena in that case. If the lawyer requesting the subpoena is not a member of the Utah State Bar and is not admitted pro hac vice under Code of Judicial Administration 14-806 , then the clerk must issue the subpoena. The court will assign a case number and judge. Once this process is completed, the subpoena should be served as described in the Serving the subpoena section above. Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance Issue and serve a subpoena Required forms 1220FA 1221GE 1222FA 1223FA Proof of service Apply for a Utah subpoena under the Utah Uniform Interstate Depositions and Discovery Act Required forms 1044XX 1224FA 1220FA Foreign subpoena 1221GE 1222FA 1223FA Apply for a subpoena for a case from a state that has not passed the Uniform Interstate Depositions and Discovery Act Required forms 1044XX 1225FA 1220FA 1221GE 1222FA 1223FA All Subpoena Forms This is a list of all subpoena forms. Not all are needed for every situation. 1220FA 1221GE 1222FA 1223FA 1224FA 1225FA Something else Issue and serve a subpoena Required forms 1220GE 1221GE 1222GE 1223GE Proof of service Apply for a Utah subpoena under the Utah Uniform Interstate Depositions and Discovery Act Required forms 1044XX 1224GE 1220GE Foreign subpoena 1221GE 1222GE 1223GE Apply for a subpoena for a case from a state that has not passed the Uniform Interstate Depositions and Discovery Act Required forms 1044XX 1225GE 1220GE 1221GE 1222GE 1223GE All Subpoena Forms This is a list of all subpoena forms. Not all are needed for every situation. 1220GE 1221GE 1222GE 1223GE 1224GE 1225GE |
Map of Judicial Districts Go to the Court Contact Information Page List of Counties Within Districts 1st Judicial District Box Elder County District | Juvenile | Justice Cache County District | Juvenile | Justice Rich County District | Juvenile | Justice 2nd Judicial District Davis County District | Juvenile | Justice Morgan County District | Juvenile | Justice Weber County District | Juvenile | Justice 3rd Judicial District Salt Lake County District | Juvenile | Justice Summit County District | Juvenile | Justice Tooele County District | Juvenile | Justice 4th Judicial District Juab County District | Juvenile | Justice Millard County District | Juvenile | Justice Utah County District | Juvenile | Justice Wasatch County District | Juvenile | Justice 5th Judicial District Beaver County District | Juvenile | Justice Washington County District | Juvenile | Justice Iron County District | Juvenile | Justice 6th Judicial District Garfield County District | Juvenile | Justice Kane County District | Juvenile | Justice Piute County District | Juvenile | Justice Sanpete County District | Juvenile | Justice Sevier County District | Juvenile | Justice Wayne County District | Juvenile | Justice 7th Judicial District Carbon County District | Juvenile | Justice Emery County District | Juvenile | Justice Grand County District | Juvenile | Justice San Juan County District | Juvenile | Justice 8th Judicial District Daggett County District | Juvenile | Justice Duchesne County District | Juvenile | Justice Uintah County District | Juvenile | Justice To find a Utah State Court location, click the appropriate county on the map below. |
Appealing an Administrative Agency Decision Page Menu Related Information Appeals Court Contacts Statewide Fees Fee Waiver Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Rules of Civil Procedure Serving Papers Summons This webpage provides information for state court proceedings only. It does not include information about appealing a decision made by a federal administrative agency like the Social Security Administration. What is an administrative appeal? An administrative appeal is a review by the court of the final decision of a state or local government agency, board or commission. Depending on a couple of things, the review is either a completely new hearing (called a trial de novo), or a review of legal errors you believe the agency made in its decision. Who can appeal Any party to an administrative hearing who believes that the agency applied the law incorrectly, and/or that the decision was not supported by the evidence presented, may file an appeal. When you can appeal Usually an appeal to the state court may be filed only after all administrative proceedings have been completed, including any available appeal or review proceedings within the agency. This is sometimes called "exhausting all administrative remedies." In some cases Utah law does not require a person to exhaust administrative remedies. In some situations the court may excuse a person from exhausting all administrative remedies if: the administrative remedies are inadequate, or exhaustion of remedies would result in irreparable harm that outweighs the public benefit of exhausting all remedies. Utah Code Section 63G-4-401(2)(a) and (b) . In most cases, a petition for judicial review of a final administrative action must be filed within 30 days after the final order is issued. Formal vs. informal administrative proceedings Utah Code Section 63G-4-202 requires administrative agencies to designate their proceedings as either formal or informal following criteria of the statute. If the agency does not specify one or the other, the proceeding is deemed to be formal. The designation of formal or informal affects how the proceedings are conducted and what rules apply. See Utah Code Sections 63G-4-203 through 209 for more information about the rules governing formal and informal proceedings. Whether the proceeding was formal or informal also affects which court handles the appeal of the agency decision. Where to file the appeal Figuring out which court can hear the appeal from an administrative agency proceeding is often difficult and confusing. The best source of information is the letter you receive from the agency that comes with its decision. Many agencies will tell you which court can hear your appeal and how much time you have to file the appeal. Sometimes you can find that information on an agency's website. An appeal of an agency decision from an informal proceeding is a new hearing (called a de novo review) in the district or juvenile court. Utah Code Section 63G-4-402(2) governs the content of complaint. An appeal of an agency decision from a formal proceeding goes to either the Utah Court of Appeals or the Utah Supreme Court. This type of appeal only examines specific issues in the agency proceeding you assert were legally incorrect. See the appellate court guides for filing an administrative appeal for information and forms. What appeals are handled by which court This list is not comprehensive. District Court Utah Code Section 63G-4-402 and Section 78A-5-102 May review final agency actions in informal proceedings Small claims cases from the justice court Municipal ordinance appeals under Utah Code Section 10-3-703.7 Juvenile Court Utah Code Section 63G-4-402(1)(a)(i)-(iii) and Section 78A-6-103((1)(p) Child support if determined administratively under Utah Code Section 78A-6-1106 Substantiated findings of abuse or neglect by Division of Child and Family Services after an evidentiary hearing (See the Forms section below) Court of Appeals Utah Code Section 63G-4-403 and Section 78A-4-103 Appeal from formal proceedings of Career Service Review Office Department of Employment Security Industrial Commission Labor Commission Workforce Services Other state agencies not already reserved for the Supreme Court or the Juvenile Court Supreme Court Utah Code Section 63G-4-403 and Section 78A-3-102 Appeal of formal proceedings of Board of Oil, Gas, and Mining Executive Director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire, and State Lands Public Service Commission School and Institutional Trust Lands Board of Trustees State Engineer State Tax Commission Final orders and decrees of the district court review of informal adjudicative proceedings of the above-listed agencies Venue for Appeals to the District Court If the district court is the proper court to review the administrative agency's decision, you must next figure out which district court to file in. This is called "venue." Choosing the proper venue can be challenging. You should first look to agency's governing statutes to see if they specify the proper venue. For example, the governing statute for the driver license division says that the proper venue is in the district court in the county where the offense occurred, or, if the person does not live in Utah, in either Salt Lake County or the county where the offense occurred. Utah Code Section 53-3-224(2)(a) and (b) . If the agency does not have a statute that specifies the venue for an appeal, Utah Code Section 63G-4-402(1)(b) applies. It says that in that case, venue is in the county where the petitioner resides or maintains their principal place of business. What the appellate court can do Regardless of whether you are appealing an informal decision to the district court, or a formal decision to the Court of Appeals or Supreme Court, Utah Code Section 63G-4-404 describes what kind of relief the appellate court can grant. The appellate court may: affirm (agree with) the agency decision, remand (send the case back for additional action by the agency), reverse the decision made by the agency, or dismiss your appeal. Forms Some forms may not apply in all cases. Use the Checklist to help you understand and complete the forms. The Checklist is not filed with the court or served on the other party. Forms to appeal an administrative agency decision to the district court Checklist - PDF | Word 1044XX 1260XX 1015GE 1016GE Proof of Service 1111GE 1261XX Forms to request the juvenile court to order the Division of Child and Family Services (DCFS) to remove a person's name from the Licensing Database The Licensing Database lists people who have been found by DCFS to have committed severe abuse or neglect of a child 1101XX Forms to appeal an administrative agency decision to the Utah Court of Appeals or the Utah Supreme Court Pro Se Guide: Petition for Writ of Review (Agency Review) - PDF |
Child Welfare Appeals Page Menu Overview Expedited Appeals in Child Welfare Cases Utah Code Ann. § 78A-6-1109 This page explains the procedures and timelines for child welfare appeals and directs parties to additional information if necessary. If you want to appeal a decision in a child welfare case, follow these steps: File a Notice of Child Welfare Appeal - PDF | Word You must file this within 15 days of when the judge's decision is filed. Be sure to sign the notice. File the notice with the juvenile court that issued the decision you are appealing. Send a copy of the Notice of Child Welfare Appeal to all parties If you don't file a Notice of Child Welfare Appeal within 15 days then you will lose your right to appeal. The decision of the juvenile court will be final. What happens after I file the Notice of Child Welfare Appeal? You have the right to be represented by a lawyer for free if you can't afford one. The lawyer will be assigned after you file a Notice of Child Welfare Appeal. Your lawyer will handle the rest of the case. Utah Code 78A-6-359 . Keep in touch with your lawyer Your lawyer might have questions for you. If they cannot communicate with you it will be harder for them to help you with your appeal. Timelines Filing the Notice of Child Welfare Appeal is the first step in the appeals process. There are other deadlines your lawyer is required to follow. Event Deadline Example Order entered 1/1/2020 File Notice of Appeal 15 days after entry of juvenile court order 1/16/2020 File Cross-Appeal No later than 5 days after Notice of Appeal is filed Request Transcript File with appeals clerk in juvenile court; send courtesy copy to Clerk of Court of Appeal 4 days after Notice of Appeal 1/20/2020 File Petition on Appeal Serve on all parties 15 days after the juvenile court record is filed with the Court of Appeals (the court will notify parties when the record is filed) File Response Serve on all parties 15 days after service of petition Does the court allow any extensions? Sometimes, but you must show good cause or excusable neglect. You must show this in a motion filed under Utah Rule of Appellate Procedure 59 (a). Also, you must ask for the extension before the time has expired. There are no extensions for more than 10 days past the deadline or 10 days from the date of entry of the order granting the motion, whichever is later. If you need more time to file the Notice of Appeal, file the motion for extension in juvenile court. If you need more time to file the Petition on Appeal, file the motion for extension with the Court of Appeals. What happens after the Petition on Appeal is filed? The Court of Appeals needs to receive: the petition, response if there is one, and the entire record. Then the court reviews the materials, including reading the transcripts and looking through the record. After that review, the court may decide the appeal or may ask for full briefing on complicated issues. Can I appeal to the Supreme Court? Yes. The next step would be to file a petition for review of the Court of Appeals' decision. You have 30 days from the filing date of the Court of Appeals' opinion to file the petition. Expedited Appeals Forms/Rules Forms & Instructions Notice of Child Welfare Appeal - PDF | Word Guide to Appealing a Child Welfare Case - PDF Waiver of Court Fees Request for Transcript (Child Welfare) (to be used only by someone who does not have access to a computer) - 1095XX 1066XX 1096XX 1079XX 1350XX 1351XX 1089XX 1090XX Checklist for Briefs - PDF Checklist for Petition for Rehearing - PDF Court Use Only Judicial Checklist - PDF Notice of Rights and Responsibilities - PDF | PDF (Español) Request for Audio CD of Juvenile Court Proceeding 1378XX Law Utah Code Ann. § 78A-6-359 Court Rules Utah Rules of Appellate Procedure - (URAP): 1, 2, and 52-59 Utah Rules of Juvenile Procedure - (URJP): 52 and 53 |
Utah Legal Research Page Menu Related Information Utah State Law Library About the Library Library Collections Library Services Legal Research Library Presentations Need help? Search the law library catalog Federal Legal Research Utah Constitution The Utah Constitution establishes the framework for Utah government. Current Utah Constitution Browse by Article or Search by Keyword The Utah Constitution is also published in the Utah Code, which is available in print at Utah's law libraries and many public libraries. Constitutional Convention The Official report of the proceedings of the debates of the Constitutional Convention is a transcript of the proceedings of the constitutional convention held in 1895. The Proceedings are also available in print at Utah's law libraries . Utah Legislative Branch The legislative branch of government introduces legislation to make new laws, and to amend or repeal existing laws. Legislation not vetoed by the governor becomes state law. The legislative session starts on the fourth Monday in January and runs for 45 days. Visit the Utah Legislature's website for more information about this branch of government. Current Utah Code Browse by Title or Search by Keyword The Utah Code is the compilation of the laws of the state passed by the legislature, arranged by subject. Print copies of the Utah Code are available at Utah's law libraries and many public libraries. There are three print versions of the Utah Code: Utah Code Annotated, 1953 ed., and West's Utah Code Annotated are hardbound, multi-volume sets containing the Utah Code together with commentaries or explanations at the end of each section of the Utah Code. These commentaries are not part of the official code but may be helpful in interpreting the law. They include a legislative history, collateral references, cross references, compiler's notes, annotations, and comparable provisions. The Utah Code Unannotated is a softbound set that contains only the actual text of the current laws of Utah and is published each year to incorporate any changes. Older Versions of the Utah Code Territorial Utah codes (1847-1888) are available online from the J. Willard Marriott Library's Digital Collections. Ordinances of the High Council (1847-1849) Laws and Ordinances of the State of Deseret (1851) Compilation (1852) Compilation (1855) Compilation (1866) Compilation (1870) Compiled Laws (1876) Compiled Laws (1888) v. I (§1-2266) v. II (§2267-5480) Utah state codes (1898-1943) are available online from the Utah Government Digital Library Revised Statutes (1898) Compiled Laws (1907) Compiled Laws (1917) v. 1 (Title 1-115; §1-6304) v. 2 (Title 116-120; §6311-9468 and Index) Revised Statutes (1933) Utah Code Annotated (1943) v. 1 (Title 1-15) v. 2 (Title 16-41) v. 3 (Title 42-59) v. 4 (Title 60-80) v. 5 (Title 81-103) v. 6 (Title 104-105; Tables; Index) Utah's law libraries and the Utah History Research Center have historical collections of Utah codes back to territorial times. Utah Session Laws (1851-current) - a Utah public library card is required to access this resource. The Utah Code is cited by title, chapter and section: UT Code § 76-5-302 (title 76, chapter 5, section 302) Legislative History Information about the legislature and legislative history research is available from these resources: Utah Legislative History Resources (Utah State Law Library) Legislative Intent and Legislative History (Utah State Archives Mari Cheney, Utah Legislative History Research Tips , Utah B.J., Nov./Dec. 2008, at 22 Citizen's Guide from the Utah State Legislature provides information about the legislative process. Executive Branch The executive branch implements and enforces the laws passed by the legislature. The executive branch includes the Governor and administrative agencies, such as the Labor Commission, Motor Vehicle Division, and Tax Commission. The legislature delegates rulemaking authority to administrative agencies, and some administrative agencies also have some adjudication powers. Utah Administrative Code (UAC) The Utah Administrative Code contains the regulations of all Utah agencies, arranged by agency. The current regulations are available in print at Utah's law libraries and some public libraries. The print UAC is annotated, which includes history notes and case law annotations, as well as the full text of all the permanent administrative rules of Utah and is a 10-volume softbound, annually replaced set. Utah's law libraries and the Utah History Research Center have historical collections of the UAC. The UAC is cited by title, rule and section: UT Admin Code R15-34-6 (title 15, rule 34, section 6) Jessica Van Buren & Mari Cheney, Researching Utah Administrative Law , Utah B.J., Mar./April 2009, at 39 Utah State Bulletin The Utah State Bulletin is an official publication of the Division of Administrative Rules. It is Utah's equivalent to the Federal Register and includes proposed rules, rule analyses, notices of effective dates, and review notices. It also includes public notices, and Governor's executive documents. Utah State Digest The Utah State Digest is a summary of the information found in the Utah State Bulletin. The primary difference between the Bulletin and the Digest is that the Digest does not contain the text of administrative rules or other documents. The Bulletin and the Digest are electronic publications. Utah's law libraries and the Utah History Research Center have historical print collections of the Bulletin and the Digest. Executive Orders and Proclamations The Governor periodically issues Executive Orders and Proclamations . 1993-current executive documents are available online. Older executive documents are published in the Utah State Bulletin, which is available in print at Utah's law libraries and the Utah History Research Center . Attorney General Opinions Attorney General Opinions are issued in response to requests by state agency officials and state legislators for legal questions related to their official duties. These opinions are not law, but advice to state officials on questions of law and how the law applies to a particular fact situation. Opinions are available at Utah's law libraries , the Utah History Research Center and through commercial databases. List of Attorney General Opinions (1990-2012) - PDF Judicial Branch The judicial branch resolves disputes between parties, interprets the law, upholds the constitution and protects the rights of Utahns. Utah's court system includes trial courts ( district , juvenile , and justice courts) which hear evidence and decide the facts of a case, and appellate courts ( court of appeals and supreme court ), which hear appeals from lower courts. Utah 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, court facilities, support services, and judicial and non-judicial staff levels. Appellate Court Decisions Supreme Court decisions and Court of Appeals decisions are available online 1996-current on the courts' website. Newly-released published appellate decisions are available in print at Utah's law libraries . Utah appellate opinions are eventually published in the Utah Reporter, which is a collection of the Utah cases from the Pacific Reporter (P.2d and P.3d). The Pacific Reporter and the Utah Reporter are available at Utah's law libraries . Slip opinions are cited by case name, year, court, and opinion number: Smith v. Jones, 2001 UT 29 (Supreme Court Case) Smith v. Jones, 1999 UT App 16 (Court of Appeals Case) Citations to published opinions should include the universal citation described above ( Utah Rule of Appellate Procedure 24(f) ), and the Pacific Reporter citation, which includes the case name, volume and page of the reporter, court and date: Smith v. Jones, 2001 UT 29, 24 P.3d 928 volume 24 of the Pacific Reporter, third series, on page 928 Appellate Briefs Briefs are the written arguments of parties stating the reasons why the appellate court should rule in their favor. Examples of briefs submitted in other appeals can be helpful. Briefs are available from these sources: BYU Law Digital Library Utah Supreme Court (1929-current; not comprehensive) Utah Court of Appeals (1986-current; not comprehensive) Appellate Court Briefs (Utah Courts) Newer cases - those at issue, are scheduled for oral argument, or are under advisement Utah State Archives (Utah Supreme Court, 1888-1940s; print) Utah State Law Library . Use the Document Delivery Service to request copies. Utah Supreme Court (1929 and 1940s-current, docket # 4922-4932 and 6190-current) Utah Court of Appeals (1986-current). University of Utah's James E. Faust Law Library (print) Briefs can be used as examples of what your brief should look like, but you must be sure to follow the requirements specified in the Utah Rules of Appellate Procedure . Remember that the arguments in a brief are specific to that appeal, and may not apply to your situation. Briefs can also be used as a legal research tool. They contain legal arguments designed to persuade the court by analyzing legal issues and citing legal sources. If you have found decisions of the Utah Supreme Court or Utah Court of Appeals that are similar to your case, library staff can help you look up the briefs to see what those parties argued. Mari Cheney, Researching and Using Utah Appellate Briefs and Other Appellate Resources , Utah B.J., Jan./Feb. 2009, at 31 Utah Court Rules Utah Court Rules Court Rules are the rules for the administration of state courts and for practice and procedure in civil and criminal cases established by the supreme court. The supreme court has also adopted rules for the practice of law in Utah and procedural rules for appellate and juvenile matters. The print version is available at Utah's law libraries and some public libraries. Utah's law libraries also have a historical collection of the Utah Court Rules. The print version of the rules are published annually in April with an October update. Court Rules are cited by type of rule and rule number: Appellate Rule 48 Civil Rule 4 Evidence Rule 702 Notice of Rule Changes and Proposed Rules are posted on the court's website. Jury Instructions Jury instructions are used in trials to instruct jurors about the law that applies in the case they are deciding. Lawyers may also use jury instructions as they prepare for trial to ensure they address all the elements of their case. The Model Utah Jury Instructions , 2nd edition (MUJI 2d), are available on the court's website. Civil and criminal instructions are available. Local Utah Legal Resources Utah City and County Codes Most Utah cities and counties have their own codes - sometimes called a municipal code or local ordinances - that govern in addition to Utah's state laws. Some city and county codes are available online. City & County Government page If the code is not available online, the local community public library or the city/county clerk's office may have a copy. Other Utah Legal Resources Utah Legal Research Guides Mari Cheney, Researching the Servicemembers Civil Relief Act , Utah B.J., Nov./Dec. 2009, at 28 Mari Cheney, Before the Utah Bar Journal , Utah B.J., Sep./Oct. 2009, at 38 Jessica Van Buren & Mari Cheney, Researching Utah Administrative Law , Utah B.J., Mar./April 2009, at 39 Mari Cheney, Researching and Using Utah Appellate Briefs and Other Appellate Resources , Utah B.J., Jan./Feb. 2009, at 31 Mari Cheney, Utah Legislative History Research Tips , Utah B.J., Nov./Dec. 2008, at 22 Utah Legal Journals BYU Education and Law Journal BYU Law Review Journal of Public Law Utah Legal History Utah Judge Memorials & Profiles Utah Legal History Articles & Books Utah State Law Library | 450 S. State Street | 801-238-7990 | Directions | View Map |
Utah Court of Appeals - Appellate Mediation Office Page Menu Appellate Mediation, A Viable Way to Resolve Cases on Appeal The Appellate Mediation Office (AMO) has helped parties and attorneys resolve difficult situations for over twenty years. Unlike litigation and arbitration, mediation puts decision-making in the hands of those in the dispute. The parties are given a voice and are heard. They learn relevant law and about the appellate process, review the risks of continued litigation, and find options for resolution. The AMO, while under the direction of the Utah Court of Appeals, operates independently to ensure confidentiality. The program gives parties the chance to resolve their own disputes in a calm, welcoming environment. Benefits of Appellate Mediation Provides a neutral forum in which difficult situations can be addressed and resolved. A wider variety of solutions are possible when compared to litigation. Faster, cheaper, more creative. Risks are examined and often eliminated. Relationships can be preserved and healed. Related litigation can also be resolved. Leads to a known result and finality. There is a high rate of compliance when parties craft the agreement. Even if mediated cases do not settle, people appreciate the opportunity and come away with a better understanding of the appellate process and possible results. There is no charge for the mediator’s services. Questions and Answers about the Appellate Mediation Office Why would parties want to settle a case at the appellate level? Going through the appellate process is costly, risky, and stressful. Mediation gives parties a forum in which to examine their interests and needs, better understand the appellate process and potential outcomes, to explore a variety of options for settlement, and if it makes sense--which it often does--come to an agreement. In addition, mediation is generally faster and cheaper than litigation, and the parties can fashion creative solutions and resolve other issues that are not part of the appeal. Will mediation delay my appeal? Generally, not. Mediations usually occur early in the appellate process before briefing can be set. This natural break, when the trial court record and transcript are being prepared, is when most mediations are held. If a briefing schedule has been set when a matter is referred to mediation, sometimes the court will temporarily postpone the briefing process to allow the parties to focus on settlement and save money. Other times, counsel and the parties seek a delay in the briefing process, particularly if extra negotiation time is needed. How is the mediation conference conducted? As a result of the Covid pandemic, mediation conferences shifted online. Counsel and parties have grown to appreciate the convenience of remote mediations and flexibility of the format. However, mediations may be conducted in-person if counsel, the parties, the mediator and/or the court determine it to be preferable. With remote mediations it is less common for there to be an opening session with all parties and attorneys. Generally, the mediator places the parties and their attorneys (if they have attorneys) in virtual breakout rooms and moves between or among the rooms. People can easily be placed in other rooms if helpful to the process. Before each mediation, the mediator reads the underlying record, including key filings with the trial court/agency and the appellate court. Mediation statements/briefs are not required but if submitted, the mediator also reads those in advance. During the mediation conference, the mediator listens to the parties and attorneys, engages in discussions about the underlying facts, pertinent legal principles and caselaw impacting the appeal, examines the strengths and weaknesses of the case, the risks, and costs of proceeding with the appeal, possible outcomes, and options for settlement. There are often multiple rounds of offers as we work towards settlement. Are my discussions with the mediator confidential? Yes. Statements and comments made in mediation conferences and related discussions are confidential. Such information may not be disclosed in arguments, briefs, or otherwise by the mediator, AMO staff, counsel, or the parties. If an agreement is reached and memorialized in a signed agreement, that document will dictate whether terms of the agreement may be shared or not. The AMO is operationally separate from the Utah Court of Appeals. Matters before the mediator will be kept confidential to allow for candid discussions and to protect the parties. Is mediation mandatory? Will the mediator pressure parties to settle a case? Participation in mediation is mandatory but settlement is voluntary. The mediator will facilitate communication between the parties, assist in identifying their interests and needs, and aid in the negotiation process. The decision about whether to settle is up to the parties. Meet the AMO Staff Michele Mattsson, Esq. Chief Appellate Mediator Michele Mattsson graduated from the University of Utah with an Honors B.A. in English and from the S.J. Quinney College of Law with a J.D. She spent several years in private practice before joining the Utah Court of Appeals as a staff attorney. In 2001, Michele became the Chief Appellate Mediator. She has successfully mediated thousands of cases and sees the benefits of appellate mediation daily. Michele enjoys working with parties and attorneys and helping them through difficult, challenging situations. Michele also believes in the importance of public service and education. She sits on numerous boards and committees, including the Utah Courts’ Alternative Dispute Resolution Committee, the Utah Council on Conflict Resolution Board, the Utah Dispute Resolution Board, and community boards, including at the University of Utah. Michele also teaches classes on negotiation and mediation. Shauna Hawley, Paralegal Administrative Assistant Shauna Hawley became the administrative assistant for the AMO in 2013. She has a wealth of information about the operations of the mediation office and appellate courts. Shauna has a strong legal background, puts parties and counsel at ease, and is an invaluable resource for those participating in appellate mediation. |
Who can I represent? Page Menu Usually you can represent only yourself in court. You cannot represent another person. To represent another person, you must usually be a lawyer licensed in Utah. There are some exceptions, described below. Supreme Court Rule of Professional Practice 14-802 . Businesses Most businesses are legally "persons," and must be represented by a lawyer. Someone who is not a lawyer cannot represent a corporation, partnership or other business entity. For example, the manager of an apartment building cannot represent the property owner in an eviction. If the property is owned by a business, a lawyer must represent the business because the business itself is a "person." If the property is owned by an individual person, the owner can represent themselves. Parent or guardian A parent or guardian can "appear" on behalf of a minor child or protected person, which means the parent takes the place of the child. Usually a parent or guardian cannot "represent" a child or a protected person. In juvenile court, someone can ask the judge for permission to represent a child or protected person. In a request for a child protective order any "interested" person may file for a protective order on behalf of the child. Utah Code 78B-7-202 . Small claims cases In small claims cases, a party can represent themselves, be represented by a Utah lawyer, or be represented by an employee of a company. The court can also give permission for a non-lawyer to represent someone as long as the non-lawyer is not being paid. Utah Rule of Small Claims Procedure 13 . For the special rules about representing a party in a small claims case, see our webpage on Small Claims . Licensed Paralegal Practitioner A licensed paralegal practitioner can help a person do many things in some kinds of court cases, but cannot represent a person in court. For a list of things that a licensed paralegal practitioner can do see the Licensed Paralegal Practitioner page . Powers of Attorney The question of whether or not a Power of Attorney document allows someone to represent someone else in court proceedings can be complicated. You are encouraged to talk to a licensed Utah lawyer. See the Finding Legal Help web page for information about the free and low cost ways to get the help of a lawyer. |
Motion to Reduce Conviction (402 Motion) Page Menu Related Information Expunging Adult Criminal Records Fees Fee Waiver Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Rules of Civil Procedure Serving Papers Utah Code section 76-3-402 Introduction You can ask the court to lower the degree of your criminal conviction if you meet the requirements. Sometimes this is called a "402 reduction" or a "402 motion." The name refers to the part of the law that describes the requirements. The law is Utah Code Section 76-3-402 . Lowering the degree of conviction can happen at the time of sentencing. Or it can happen later. A later reduction will not happen automatically. Read below to learn how to ask for the reduction. Some people ask to lower their conviction because they hope to later try to expunge the crime from their record. See our Expunging Adult Criminal Records page for more information. When you can ask to lower the degree of your conviction (requirements) When you can ask to lower the degree of your conviction depends on what happened in your case. Answer the questions below to learn more. I am being convicted but have not been sentenced yet The court can lower the degree of conviction below the normal degree for that type of offense. This happens at the time of sentencing. The court must: Think about the nature and circumstances of the offense Think about the history and character of the defendant Give the victim and prosecutor the chance to share what they think Decide the normal degree of the offense in the law would be unduly harsh for this case Talk to your defense lawyer to see if you can ask for a reduction. If you do not have a lawyer, talk to the prosecutor and bring it up with the judge at the sentencing hearing. I have successfully completed probation or parole The court can lower the degree of a conviction by one degree if you meet all the following requirements: You have successfully completed probation or parole You have paid all fines and court-ordered restitution One of these applies: You were not required to register as a sex offender, or You were required to register as a sex offender under, and the registration requirement has expired. One of these applies: You were not required to register as a child abuse offender, or You were required to register as a child abuse offender, and the registration requirement has expired. The court decides that it is in the interest of justice to lower the degree of your conviction. In your paperwork and at the hearing, you must give the court proof that you meet these requirements. The court can lower the charge by two degrees only if the prosecutor agrees and you have met these requirements. The court cannot lower the degree of the offense by more than two degrees. Scroll down to how to ask for the reduction for next steps. I have not successfully completed probation or parole I have successfully completed a rehabilitation program The court can lower the degree of a conviction by one degree if you meet all the following requirements: 3 years or more have passed since you successfully completed a rehabilitation program. Look at Utah Code 76-3-402 to see what kinds of programs qualify. You have not been convicted of a felony or misdemeanor other than a traffic or minor regulatory offense during that time. There are no criminal proceedings pending against you. You are not on probation, parole, or currently incarcerated for any other offense. The case is not a violent felony. Or if it is a violent felony, the prosecutor will agree with the reduction. You have paid all fines and court-ordered restitution. One of these applies: You were not required to register as a sex offender, or You were required to register as a sex offender under, and the registration requirement has expired . One of these applies: You were not required to register as a child abuse offender, or You were required to register as a child abuse offender, and the registration requirement has expired . The court decides that it is in the interest of justice to lower the degree of your conviction. In your paperwork and at the hearing, you must give the court proof that you meet these requirements. The court can lower the charge by two degrees only if the prosecutor agrees and you have met these requirements. The court cannot lower the degree of the offense by more than two degrees. Scroll down to how to ask for the reduction for next steps. I have successfully completed probation or parole in a later case The court can lower the degree of a conviction by one degree if you meet all the following requirements: 5 years or more have passed since you were sentenced for a later conviction (in a different case) and you have successfully completed your probation or parole for that case. (It can be after only 3 years if the prosecutor agrees with the reduction.) You have not been convicted of a felony or misdemeanor other than a traffic or minor regulatory offense during that time. There are no criminal proceedings pending against you. You are not on probation, parole, or currently incarcerated for any other offense. The case is not a violent felony. Or if it is a violent felony, the prosecutor will agree with the reduction. You have paid all fines and court-ordered restitution. One of these applies: You were not required to register as a sex offender, or You were required to register as a sex offender under, and the registration requirement has expired . One of these applies: You were not required to register as a child abuse offender, or You were required to register as a child abuse offender, and the registration requirement has expired . The court decides that it is in the interest of justice to lower the degree of your conviction. In your paperwork and at the hearing, you must give the court proof that you meet these requirements. The court can lower the charge by two degrees only if the prosecutor agrees and you have met these requirements. The court cannot lower the degree of the offense by more than two degrees. Scroll down to how to ask for the reduction for next steps. 5 years or more have passed since I did not successfully complete my probation or parole The court can lower the degree of a conviction by one degree if you meet all the following requirements: 5 years or more have passed since your probation or parole did not result in a successful discharge. You have not been convicted of a felony or misdemeanor other than a traffic or minor regulatory offense during that time. There are no criminal proceedings pending against you. You are not on probation, parole, or currently incarcerated for any other offense. The case is not a violent felony. Or if it is a violent felony, the prosecutor will agree with the reduction. You have paid all fines and court-ordered restitution. One of these applies: You were not required to register as a sex offender, or You were required to register as a sex offender under, and the registration requirement has expired . One of these applies: You were not required to register as a child abuse offender, or You were required to register as a child abuse offender, and the registration requirement has expired . The court decides that it is in the interest of justice to lower the degree of your conviction. In your paperwork and at the hearing, you must give the court proof that you meet these requirements. The court can lower the charge by two degrees only if the prosecutor agrees and you have met these requirements. The court cannot lower the degree of the offense by more than two degrees. Scroll down to how to ask for the reduction for next steps. How to ask to lower your conviction Step 1: File Fill out this form: 1023XX File your motion in the same court that handled the original criminal case using the same case number as the criminal case. If you have any proof (like a certificate of completion from a rehabilitation program), file that along with your motion. Step 2: Contact the prosecutor Ask the prosecutor who handled your case if they will agree to the motion. You can find a list of names and addresses for county prosecutors here . If the prosecuting attorney was for a city you can use this tool to find contact information for the city's attorney . If your case was brought by the state of Utah, contact the county prosecutor. If the prosecutor agrees, they may file with the court, saying they agree with your motion. If they do not agree, serve them a copy of your motion. Step 3: Wait and respond to any other paperwork The prosecutor will notify any victims in the case (if there are any) about your motion. The prosecutor, the victim, or both may file with the court a statement opposing your motion. If they file an opposition and bring up something new that you need to respond to you can file a Reply Memorandum Supporting the Motion. See our Motions page for more information about procedures and timelines. If either the prosecutor or the victim files an opposition, the court will hold a hearing. At the hearing, all parties will have a chance to present information and arguments. If neither the prosecutor nor the victim files a statement, the court could hold a hearing on its own motion or might grant the motion without a hearing. If you don't hear from the prosecutor and nothing is filed after 14 days, file these forms: Request to Submit for Decision - PDF | Word Findings of Fact, Conclusions of Law, and Order on Motion to Reduce Conviction - PDF | Word If the court grants your request and lowers your conviction If the judge grants your motion, the court will notify the Bureau of Criminal Identification (BCI). However, it is your responsibility to confirm with BCI that the reduction order has been made part of your criminal history. You may need to get a certified copy of the order from the court and provide that to BCI. If the motion is granted the title of the offense does not change. Only the degree of the offense is changed. An offense can only be lowered by two degrees. If you are hoping to expunge the crime for your record, see our page on Expunging Adult Criminal Records page . Forms Information about filing documents in existing cases by email Required Forms 1023XX Request to Submit for Decision - PDF | Word (filed after all documents have been filed, or the time has passed for the other party to respond) Findings of Fact, Conclusions of Law, and Order on Motion to Reduce Conviction - PDF | Word Optional Forms 1122XX 1106GE (if the prosecutor has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond) |
Traffic Offenses Page Menu Additional Resources Pleas in Abeyance under CJA 4-704 Utah Department of Motor Vehicles Utah Department of Public Safety Utah Driver License Division Utah Highway Patrol Utah Highway Safety Office General Traffic tickets - also called citations - are used for minor violations of traffic law such as speeding, running a stop sign, and parking violations. Citations are issued by the Utah Highway Patrol, county sheriffs' offices, and municipal police departments. A citation lists your name and address, your driver's license number, and your violation. A citation also lists: the name and location of the court that will decide your case the deadline you have to pay the fine or when you have to go to court what you must to do respond to the ticket Your citation should tell you the statute or code number of the violation you are being charged with. If you were cited under state law, you can look at the Utah Code online . The law library website describes how to find Utah city and county codes online . Traffic tickets can impact your driver's license and your insurance rates. Deferred Traffic Prosecution If your ticket only involves a moving violation under Utah Code Title 41, Chapter 6a and you received it no more than 21 days ago, you might be eligible for Deferred Traffic Prosecution - visit our webpage to learn more and to see if you qualify. Classification of Offenses Most traffic offenses are classified as infractions (no imprisonment and fines up to $750) or class C misdemeanors, (maximum imprisonment of 90 days and fines up to $750). Some traffic offenses, such as drunk driving, are classified as more serious offenses which have the possibility of longer terms of imprisonment and higher fines. Fines The Uniform Fine Schedule and the Bail Schedule for Justice Courts provide information about the fine for each offense . This is what the judge uses to determine the fine for the offense. Court Appearances The Uniform Fine Schedule specifies which offenses require you to come to court. Most infractions - such as parking violations - do not require you to appear in court, and can be handled by paying the fine online, or by mailing the bail amount to the court listed on the citation. If you are paying the fine online , you will need to know your citation number or your court case number. Not all courts use the online ePayment system. If your case is in one of those courts, contact them to discuss payment options. Disputing Your Traffic Citation Generally speaking, if you choose to dispute your traffic citation rather than just paying the fine, you must appear in court and enter a plea of "not guilty." After you enter your plea, you can try to negotiate with the prosecuting attorney. If you are unable to reach an agreement, a trial will be scheduled. The trial is your chance to tell your side of the story to the judge or a jury. The judge will also hear testimony from the officer who issued the citation, and any witnesses you or the prosecutor may call to testify. Your citation will tell you the deadline for paying the fine, or the date you have to come to court if you want to dispute the citation. Do not ignore the date. If you do not pay the fine before that date or come to court on that date, the court can issue a warrant for your arrest and can suspend your driver's license. Be sure to contact the court if you need to reschedule the court date, or cannot meet the deadline. Some justice courts have web pages with information about traffic matters. The Utah City and County page on the state's website provides link to local government pages. Look for a link that says something like Justice Court or Municipal Court. Traffic matters and getting ready for trial can be complicated. Consider talking to an attorney to go over your options. See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes. Appeals from Justice Court to District Court An appeal of a justice court decision goes to the district court, 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 criminal 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 . 1061XX Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118 describes 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. Violations Reported to the Driver License Division Conviction of some traffic offenses - such as speeding - are reported to the Utah Driver License Division (driverlicense.utah.gov) within ten days of the conviction or payment of the fine. Some non-moving violations, such as lack of registration, are not reported. Chapter 1 of the Uniform Fine Schedule provides information about whether or not a conviction must be reported to the Driver License Division. Utah shares information about traffic violation convictions with all states and all Canadian provinces. Utah's Point System The Utah Division of Motor Vehicles (DMV) assigns points for moving traffic violations. The points are based upon the relationship between types of traffic violations and traffic accidents. If you get more than 200 points on your driving record in a three year period, you could have your driving privileges suspended. Drivers under 21 who get more than 70 points face the same penalty. Utah Administrative Rule R708-3 describes the penalties associated with accumulated points. Point Distribution Reckless Driving 80 Reckless Driving 80 Speeding (depending on severity) 35 - 75 Failure to Yield Right-of-Way 60 Following too Closely (tailgating) 60 Wrong Side of Road 60 Wrong Way on One-Way Street 60 Red Light 50 Stop Sign 50 Improper Lookout 50 Improper Passing 50 Negligent Collision 50 Other Moving Violations 40 NOTE: Except for speeding tickets, the judge can vary points up or down by 10%. SOURCE: Utah Driver Handbook Requesting Your Driving Record You can request a copy of your driving record from the Driver License Division by completing a form and paying the appropriate fee. More information is available at https://secure.utah.gov/mvr-personal/public/index.html . Clearing Your Driving Record If you drive one year without being convicted of a moving traffic violation, half of the points on your driving record will be removed. If you drive two years without a moving traffic violation, all of the points on your record will be removed. You can also remove 50 points from your driving record once in a three year period by attending an approved defensive driving course. Defensive driving courses or traffic safety schools are established or approved by each government and court jurisdiction. Contact the court in the area in which you received the ticket to ask if it has a list of approved programs. Expunging a record of a traffic case does not clear your driving record. Lost Tickets If you have lost your ticket, contact the law enforcement agency that issued it. For tickets issued by the Utah Highway Patrol , choose the area on the map where you got the ticket to get information about the local office. For a city or county citation, visit the Utah City and County page on the state's website for links to local government pages. Look for a link that says something like Police or Sheriff's Department. Utah's Drunk Driving Law In Utah, you can be charged with drunk driving if: You operate a motor vehicle and have a breath or blood alcohol level of .05 or higher. You operate a motor vehicle and alcohol, regardless of concentration, or any drug has impaired your ability to safely operate the vehicle. Utah's Driving Under the Influence laws are found in Utah Code §41-6a-501 through §41-6a-530 . Possible penalties for a first drunk driving conviction can include: At least two days in jail At least 48 hours of community service At least $700 in fines and fees At least 90 days suspension of driver's license See Utah Code §41-6a-503 and §41-6a-509 . A first or second time drunk driving offense can be charged as a class A or B misdemeanor, depending on whether someone was hurt, or if there were minor passengers in the vehicle. See Utah Code §41-6a-503 . After one drunk driving conviction, the classification of the offense becomes more serious, and the penalties become more severe. See Utah Code §41-6a-503 , §41-6a-505 and 41-6a-509 . There are two sides to a DUI arrest. The criminal case with the court. And the steps taken by the Utah Driver License Division . It is important to follow the deadlines for each. For example, if you are arrested for DUI you should request a hearing with the Driver License Division within 10 days of the arrest. See the Utah Driver License Division DUI page for more information If you have been charged with a DUI, talk to an attorney for legal advice. |
Pleas in Abeyance Page Menu Related Information Code of Judicial Administration 4-704 Finding Legal Help Free Legal Clinics Utah Code Title 77, Chapter 2a, Pleas in Abeyance Utah Code Section 53-3-414. CDL disqualification or suspension -- Grounds and duration -- Procedure. This page is limited to pleas in abeyance accepted by a clerk of court under Rule 4-704. Even if a defendant does not qualify for a pleas in abeyance accepted by a clerk of court, s/he might still qualify for a diversion, negotiated plea or even a plea in abeyance accepted by the judge. About pleas in abeyance Some courts allow the clerk to accept a "plea in abeyance" for some offenses. A plea in abeyance means that: you plead "guilty" or "no contest" to the charges; you have that plea held in abeyance for up to one year; you complete the conditions of a plea in abeyance agreement; and you have the charges dismissed after the abeyance period, so that there is no conviction on your record. Not every charge qualifies for a plea in abeyance. A court will not accept a plea in abeyance if: the case involves a sexual offense against a victim under the age of 14 the case involves an offense for driving under the influence the prosecutor or the defendant do not agree to the plea Utah Code 77-2a-3 . Contact the court in which the charges are filed for any forms and to see whether you are eligible for a plea in abeyance. If you enter into a plea in abeyance agreement, it means you are waiving nearly all of the rights that you have as a criminal defendant. These rights include: Right to counsel: You have the right to be represented by an attorney, and, if the crimes are misdemeanors, an attorney will be appointed at no cost to you if you cannot afford one. Right to jury trial. You have the right to a speedy and public trial. If the crimes are misdemeanors you have the right to a trial by an impartial jury. If the trial is before a jury, the jury's verdict must be unanimous. Right to confront and cross-examination witnesses. You have the right to observe the witnesses who testify against you at trial, and you or your attorney have the right to cross-examine the witnesses who testify against you. Right to compel witnesses. You have the right to call witnesses, and you have the right to obtain subpoenas requiring those witnesses to appear and testify. If you cannot afford to pay for the witnesses, the prosecutor would pay those costs. Right to testify and privilege against self-incrimination. You have the right to testify on your own behalf. If you choose not to testify, no one can make you testify. If you do not to testify, the jury would be told that they cannot hold your refusal against you. Presumption of innocence. You are presumed innocent until the prosecutor proves each element of the crimes beyond a reasonable doubt. If you choose to fight the charges, You need only plead "not guilty," and the case will be set for a trial. Appeal. If you were convicted at a trial, you would have the right to appeal. If you could not afford the costs of an appeal, the prosecutor would pay those costs. Sentencing. You have the right to be sentenced not less than 2 nor more than 45 days after the verdict or entry of a guilty or no contest plea. Once you enter into a plea in abeyance agreement and the court accepts your plea, you cannot withdraw it unless you file a written motion within 30 days after pleading guilty or no contest and show that the plea was not made knowingly and voluntarily. When you enter a plea in abeyance, you will be on probation while you complete the conditions of probation. Your probation may be supervised by the court or by a probation agency. A judge will decide if the court or a probation agency will supervise you. If you do not complete the conditions of probation, the court will order you to show cause why the court should not find that the terms of the agreement have been violated and why the agreement should not be terminated. If the court finds that you have failed to substantially comply with any condition, it may terminate the agreement, enter judgment of conviction and impose sentence for the crimes. Effect of a plea in abeyance During the time that the court holds your plea in abeyance, the court will not enter a judgment of conviction against you. The charges will be dismissed when you have completed the conditions of the agreement. In some courts, you must file a Motion to Dismiss once you have completed all the requirements or the court will not dismiss the case. You can use the forms found on the Motions web page . Even when the case is dismissed, there are limits: Although the charges are ultimately dismissed, the records still exist. To have the records sealed you will have to have them expunged. For more information and forms, see our page on Expunging Adult Criminal Records . To expunge records of an offense filed in juvenile court see our page on Expunging Juvenile Records . Some offenses disqualify a person from holding a commercial driver license (CDL), even if the plea of guilty of no contest is held in abeyance and the charges are ultimately dismissed. Utah Code Section 53-3-414 . Additionally, if you received a reduction of the level of the offense under a plea in abeyance then you cannot obtain a 402 reduction . |
Deferred Traffic Prosecution Page Menu Related Information MyCase Login to MyCase What is Deferred Traffic Prosecution? If you get a ticket, Deferred Traffic Prosecution can keep points off of your driving record If you qualify, you pay a fine like a normal ticket. But the charge gets dismissed if you have a clean record for 1 year Choose one of the options below to learn more about Deferred Traffic Prosecution How to I sign up for Deferred Traffic Prosecution? Make a MyCas e account - it checks your eligiblity Note: MyCase only works with these browsers: Chrome Edge Firefox Safari Register for Deferred Traffic Prosecution Follow these Registration Steps Plead "no contest" to the ticket. This means you do not want to fight it Pay a registration fee plus your fine. Pay now or within two weeks Get no new tickets for a year If you finish: If you get a new ticket within 1 year: After 1 year, we take back the "no contst" plea Your case goes away. It is dismissed You do not get your money back Your "no contest" is automatically on your driving record You cannot go to court about it Your case is closed. There is no other penalty You do not get your money back How do I know if I am eligible for Deferred Traffic Prosecution? Log into MyCase to find out if your traffic citation is eligible. You qualify if you: Were going less than 21 miles per hour over the speed limit Got an eligible citation within the last 21 days An eligible citation: is for a moving violation under Utah Code Title 41, Chapter 6a or a local traffic ordinance that is an infraction does not involve a traffic accident is only for 1 charge Are 21 or older Have a valid Utah driver's license (commercial licenses are not eligible) Have no traffic convictions for any of the following within the last 24 months: felony traffic under Utah Code Title 41, Chapter 6a local traffic ordinance violation Only have charges for moving violations Are not already participating in Deferred Traffic Prosecution Utah Code 77-2-4.2 What if the system tells me I do not qualify? You can still: Pay the ticket. This means you admit the charge. See our page on Traffic Offenses Go to court on your court date and: try to lower the fine go to trial The system says "Deferred Prosecution is invalid." What do I do? This happens when you start signing up but do not finish. Here is how to fix it: Log into MyCase Scroll down to " eDocument Preparation " Click the draft "Application" Finish the questions |
Property Seized by Law Enforcement Page Menu This page explains your rights when your property is taken or seized by law enforcement. Seized property is used as evidence to investigate whether someone committed a crime. Law enforcement can seize your property when arresting someone for a crime or enforcing a judgment. When your property is seized: Law enforcement must give you a receipt for the seized property that includes contact information for the agency that seized the property. Law enforcement must return the property to you within 75 days, unless one of the following is filed: a criminal case involving the seized property. If a criminal case is filed, the agency will hold your property until all criminal proceedings and related cases are final. As part of the criminal case, the prosecution could ask that you lose your right to the property. This is called forfeiture. Read the section on criminal forfeiture for more information. Utah Code 77-11c-301 a petition to transfer the property to another agency. Read what to do if you receive a Notice or a Petition regarding a Request to Release Property . proceedings to cancel your rights to the property. You should receive either a Notice of Intent to Seek Forfeiture and then a Complaint for Civil Asset Forfeiture . a request for restraining order to delay the release of the property. The prosecutor can ask for an extension of the 75-day deadline, asking for up to 21 more days. They must give the court a good reason as to why they need to extend the deadline. Utah Code 77-11b-203 . You can ask for your property to be returned before the 75-day deadline. Read about your options to ask for the return of your seized property . The seizing agency must use reasonable care when storing your property. You can sue the agency if they negligently destroy, damage, or lose the property. Utah Code 77-11b-204 . The seizing agency may not charge you a fee or costs for holding the property if a judgment is entered in your favor or a forfeiture proceeding against you is voluntarily dismissed. Utah Code 77-11b-306 . Criminal Forfeiture If a criminal case is filed against a defendant, your rights depend on whether you are the criminal defendant or not. If you are the criminal defendant (click to expand) A prosecuting attorney can ask that you lose your rights to seized property as part of a criminal case . The property will be forfeited in the criminal case if the prosecuting attorney establishes beyond a reasonable doubt that you either: Committed the offense involving the property, or Knew of the offense involving the property and allowed the property to be used in furtherance of the offense, or Acquired the property at the time of the offense involving the property, or There is no likely source for the purchase or acquisition of the property other than the commission of the offense involving the property. The court must also find that the is proportionate. See the section on Proportionality If the property is forfeited all of your rights to the property end. The property may be sold and you, or someone acting on your behalf, will not be eligible to buy the property. You can ask the court to delay or stay the sale or disposition of the property if there is an appeal pending in your criminal case involving the property. You must show that proceeding with the sale or disposition of the property may result in irreparable injury, harm, or loss - harm that cannot be undone. See our page on Motions to Delay for more information. The property will be returned to you if you are acquitted. If the property has been disposed of then you will be given money for the value of the property. If the property will be forfeited, the prosecuting attorney must provide notice of intent to dispose of the property. Notice will be published in two consecutive weeks in a newspaper of general circulation in the county where the property was seized and on Utah's Public Legal Notice Website. The prosecuting attorney must also send written notice to any claimants, other than the defendants, who have an interest in the property. If you are not the criminal defendant (click to expand) If you are not the criminal defendant in the criminal case involving the property you can file a petition with the court, asking for a determination of who has the right to the seized property. Your petition must be filed within 30 days after the notice is published. Your petition must: Be in writing Explain the nature and extent of your right, title, or interest in the property and include facts supporting your request Explain why you have a right to the property The court will expedite trials or hearings under your petition. Discovery may be conducted and you or the prosecutor can ask for a jury trial. If you win your case the court could order the other side to pay your court costs and attorney fees. Utah Code 77-11b-305 . Utah Code 77-11a-205 . If you receive a Notice or a Petition regarding a Request to Release Property A prosecuting attorney must send a Notice or a Petition regarding a Request to Release Property to anyone who has a claim to the property. The notice tells you that the prosecuting attorney has asked to transfer the property to another state or to the federal government. If the property is transferred, you will no longer have rights to have the property returned to you under Utah law. When you receive the notice you have 10 days from the date the notice was mailed to you to file an objection to transfer the property. We don't have a form for that , but you can try filing an answer to the petition with the court. See our page on Answering a Complaint or Petition for more information. You must also send a copy of your answer to the prosecuting attorney. See our page on Serving Papers for more information. When you file your answer the court will schedule a hearing. At the hearing the court will consider evidence regarding whether the property must be transferred to the other agency, including any hardship related to the transfer. Utah Code 77-11a-205 . If you receive a Notice of Intent to Seek Forfeiture A Notice of Intent to Seek Forfeiture tells you that the agency has asked for the property to be forfeited, meaning it will become the property of the state and you will no longer have rights to it. The agency holding the seized property will sends the notice to you, any interest holders, and any individual or entity who asserts a claim to any property seized for forfeiture. The agency holding the seized property must search public records for the names and addresses of those holding an interest in the property. The property involved in the notice may not be sold or otherwise transferred until a court issues a final order to dismiss a forfeiture action or orders the property to be forfeited. The agency is required to send the Notice of Intent to Seek Forfeiture no later than 45 days after the property is seized. Utah Code 77-11b-201 . The prosecuting attorney must review the notice and, within 75 days of when the property is seized, decline or accept the agency's written request for the prosecuting attorney to start a case for forfeiture. What happens next depends on what the prosecuting attorney does. If the prosecuting attorney: Starts a criminal case by filing an indictment or information, the property could be held as evidence. Files a complaint for civil asset forfeiture, you will be served with the complaint. Files a petition to transfer the property to another agency, you will be served with the petition. Files a petition to extend the deadline, they will have 21 more days to make a decision about what to do with the property. Utah Code 77-11b-203 . If you receive a Complaint for Civil Asset Forfeiture A complaint for civil asset forfeiture asks the court to terminate any legal claim or right you have to the seized property. You have 30 days to file an answer to the petition with the court. See our page on Answering a Complaint or Petition for more information. You must also send a copy of your answer to the prosecuting attorney. See our page on Serving Papers for more information. After you file an answer, what happens next depends on the value of the property: If the property is valued at less than $10,000, the property must be returned to you if the prosecuting attorney has not filed a criminal case for the offense involving the property within 60 days of when the prosecuting attorney served the complaint or the prosecuting attorney has not asked the court for an extension. If the property is valued at more than $10,000, the case can involve discovery and a trial if necessary. At a trial, your property will be forfeited if the prosecuting attorney can show by clear and convincing evidence that you: committed the offense involving the property or knew of the offense subjecting the property to forfeiture and allowed the property to be used in furtherance of the offense or acquired the property at the time of the offense involving the property or there is no likely source for the purchase or acquisition of the property other than the commission of the offense involving the property. The court must also find that the forfeiture is proportionate. See the section on Proportionality If you are acquitted of the offense involving the property then the property will be returned to you. If the property has been disposed of then you will be given money for the value of the property. The civil forfeiture action can be transferred to a criminal forfeiture action at any time after a prosecuting attorney files a criminal case for an offense involving the property. Utah Code 77-11b-302 . Asking for the release of the property due to hardship You can ask the court to release the property to you and skip a trial if you can show a hardship. You can request this release by filing a motion. We do not have forms for this, but you can use our generic motion forms, available on our Motions page . You would file your motion with the court and send copies to the other parties in the case. See our page on Serving Papers for more information. To show a hardship you must show the court that: You had a possessory interest in the property at the time of seizure, and Continued possession by the agency pending a forfeiture proceeding will cause substantial hardship to you, including: Preventing your legitimate business to function Preventing you from working Preventing any child from attending school Preventing or hindering an individual from receiving necessary medical care Preventing the care of a dependent child or adult who is elderly or disabled Leaving an individual homeless OR Any other condition that the court determines is a substantial hardship, and The hardship from continued possession of the property by the agency outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if the property is returned to the claimant during the pendency of the proceeding, and The property is not contraband - anything illegal to possess, such as a controlled substance under Utah Code Title 58, Chapter 37 , the Utah Controlled Substances Act, and The property is not likely to be used to commit additional offenses if it is returned to you. The determination of substantial hardship is based upon the property's use before it was seized. When you file your motion the court will schedule a hearing within 14 days. After the hearing the court will issue a decision no more than 20 days after the hearing. If the court agrees with you the court will order that the property be released to you immediately. But the court can put limitations on the property to keep the property available. Utah Code 77-11a-303 . Your options to ask for the return of your seized property The agency that seized your property must return it to you within 75 days if they do not take any action. They might return your property sooner if the prosecuting attorney determines that keeping the property is not necessary or appropriate. You can also ask to have your property returned to you. Your options will depend on whether you are an innocent owner or an interest holder. Are you an innocent owner? You must have been an owner of the property when the crime was committed. There are other requirements – answer the questions below to see if you qualify as an innocent owner. Did you know anything about the offense that involves the property? (click to expand) If yes, you might be an innocent owner. See if you are an innocent owner below. If no, answer the next question When you heard about the offense, did you take reasonable steps to stop the use of the property to commit the crime? (click to expand) If yes, you might be an innocent owner. See if you are an innocent owner below. If no, answer the next question Did you become an owner of the property and not know that the property was seized as part of a crime that was committed? (click to expand) If yes, you might be an innocent owner. See if you are an innocent owner below. If no, answer the next question Did you become an owner of the property and not know that the property was seized for forfeiture and you obtained an interest in the property in a bona fide transaction for value, through probate or inheritance, or as part of a divorce?(click to expand) If yes, you might be an innocent owner. See if you are an innocent owner below. If no, and you answered no to all of the above questions, see if you are not an innocent owner below. Utah Code 77-11a-101 (9) You are a interest holder if you meet the definition in Utah Code 77-11a-101 (10). This mostly includes banks or companies that work in the financial industry. If you are an innocent owner or an interest holder (click to expand) You can ask the agency to return the seized property to you by telling them that you are an innocent owner or interest holder. Send a written request with the agency that seized your property before: 30 days have passed since the property was seized, or A civil asset forfeiture case begins. Give the seizing agency: Evidence that proves you are the owner of the property, and A brief description of the date, time, and place that you mislaid or relinquished possession of the seized property or any evidence that you are an innocent owner or interest holder. The seizing agency must send you a written response within 30 days. The decision must say whether your claim was granted or denied. If the claim is denied the agency must say whether it was denied on the merits or because you did not provide the required information. If you did not provide the required information you have 15 days to do so. If the agency does not give you a written response within 30 days they are required to return the property to you. If you make a request for a return of the property and the agency denies the claim but a court later determines that you are an innocent owner or interest holder in a civil asset forfeiture proceeding, you can collect attorney fees and court costs for expenses accrued from the date the agency denied your claim. Utah Code 77-11a-304 If you are not an innocent owner (click to expand) If you are not an innocent owner you can file a Petition to Return Property. We do not have forms for this, but you can try to make your own. In your petition you can ask the court to immediately return the property to you if you post a surety bond with the court in an amount equal to the current fair market value of the property. When you buy a surety bond you are buying a promise by someone else to pay money or be responsible on your behalf. The court may refuse to release the property if: It is going to be held as evidence, or It is particularly altered or designed for use in the commission of the offense involving the property, or It is contraband - any property that is illegal to possess, including a controlled substance that is possessed, transferred, or offered for distribution in violation of the Utah Controlled Substances Act, or The bond is inadequate. File the petition in the court where criminal proceedings have begun or in the district court in the county where the property was seized. Serve a copy of the petition on the prosecuting attorney and the agency with custody of the property. See our page on Serving Papers for more details. Proportionality Your right to seized property cannot be forfeited if the forfeiture is not proportional. This means the forfeiture cannot be substantially out of proportion to the use of the property in committing the offense when compared to the value of the property. For example, if the property was used in a way that was not important to committing the crime, the forfeiture would not be proportional. The court will look at these factors when considering proportionality: The offense How much the forfeiture will help to remedy the harm caused by the crime The seriousness of your conduct considering the offense How much the property is worth The prosecuting attorney has the burden of demonstrating that a forfeiture is proportional to the offense subjecting the property to forfeiture. A forfeiture of any proceeds used to facilitate the commission of an offense that is in violation of federal or state law is proportional. Utah Code 77-11b-303 . |
Criminal Processes Page Menu Related Information Appeals Civil Procedures - English Civil Procedures - Español Court Fine Schedule Criminal Penalties Defendant Rights video Expunging Adult Criminal Records Expunging Juvenile Records Financial Declaration for Restitution Going to Court Motion to Reduce Conviction (402 Motion) Petition to remove name from Sex Offender and Kidnap Offender Registry Pleas in Abeyance Sex Offender Registry Traffic Offenses Right to Counsel The United States and Utah Constitutions guarantee every criminal defendant the right to counsel in criminal proceedings. For those who cannot afford an attorney, the prosecuting government will pay for an attorney if the defendant faces a substantial probability of receiving jail time, even a suspended sentence of jail time. When a defendant first appears in court, the court will explain the right to counsel and a criminal defendant who believes that he or she is entitled to counsel at government expense should request counsel at that time. The court will ask the defendant to complete an affidavit of indigency. The person will list income, assets, and liabilities. If the person's income is less than 150% of the poverty guidelines established by the United States government, the person will qualify for counsel. For those who make over 150% of the poverty guidelines, the court will still appoint counsel if the person is otherwise able to show that the person cannot afford to hire an attorney at his or her own expense. Defendant Rights video - YouTube First Appearance At the first appearance, the defendant will be formally notified of the charges and may be advised of his/her rights by a magistrate. The defendant will be advised of the right to counsel. A date is set for a preliminary hearing (felony cases only), which the defendant may waive. In felony cases, no plea is entered at this stage. For misdemeanor cases, the defendant is arraigned at their first appearance. See the Arraignment section for more information. Preliminary Hearing A preliminary hearing only applies in felony and class A misdemeanor cases. The purpose of a preliminary hearing is to determine whether probable cause exists to show the crime was committed, and whether probable cause exists to show the defendant was the person who committed the crime. At the hearing, the judge listens to witnesses' testimony and receives evidence. If the judge finds probable cause that the defendant committed the crime, the defendant is bound over for trial. If the judge concludes there is insufficient evidence, the case is dismissed. Charges may be amended at the preliminary hearing. Arraignment In misdemeanor cases, this is the stage at which the court advises the defendant of the defendant's rights, including the right to counsel. The defendant will be offered an opportunity to consult with counsel before proceeding further. The court will reschedule the hearing to give the defendant that opportunity. When the defendant is ready to proceed, either at the initial arraignment, or the rescheduled arraignment in both misdemeanor and felony cases, the judge reads the charges to the defendant, who must enter a plea. If the plea is "guilty," the court will ensure that the defendant understands the rights the defendant will be waiving. If the court is satisfied the defendant understands the consequences, the court will accept the guilty plea. The court will schedule a date for sentencing. If the plea is "not guilty," a pretrial conference and trial dates are usually scheduled. A "not guilty" plea preserves all of the defendant's options. There are also two other types of pleas No Contest: This has the same procedural effect as a guilty plea, but rather than admitting guilt, the defendant admits that the prosecutor would likely prevail at trial. A judge has discretion to reject this type of plea. Alford plea: This plea may be used when the defendant wants the advantage of a plea bargain, but cannot or will not admit guilt. Instead, the defendant pleads to avoid the potential consequences of going to trial, and pleads without admitting guilt. A judge has discretion to reject this type of plea. Pretrial Motions Before a trial begins, the prosecution and defense may file any number of motions with the court. A motion is a formal request to a judge to issue an order. These may include motions to suppress the introduction of evidence of a defendant's prior convictions, motions to suppress evidence, or requests for discovery. If a defendant would like to file a motion, it must be done at least 7 days before the trial and must be in writing. All motions should be heard and decided by the judge before a trial can proceed. Pretrial Conference At its discretion, the trial court may hold a pretrial conference in which the prosecutor and defense attorney attempt to negotiate settlement of the case. A judge may refuse to approve a proposed settlement. Cases not settled are set for trial. If a case is set for trial in Justice Court and it involves a domestic violence offense under the Cohabitant Abuse Procedures Act , the defendant or prosecuting attorney can have the case transferred to the District Court. Utah Code 78A-7-106 (6) by filing a Notice of Transfer. The form is available under on our Criminal Justice page under Criminal Justice Forms. Plea Bargaining In this process, the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The judge does not participate in the plea bargaining process, but must approve the proposed plea agreement. The defendant and the prosecutor must both approve the plea bargain. If all parties accept the plea bargain, and the defendant enters a plea of guilt, the next step is the defendant's sentencing. Trial Procedure Depending on the type of action, a case may be tried before a judge (bench trial) or before a jury with a judge presiding. Whether the case is civil or criminal, or tried by a judge or jury, the procedure is essentially the same. Jury Selection At the trial's beginning, the clerk calls a panel of prospective jurors. The judge or, in some cases, the lawyers, ask the potential jurors questions about their background and general beliefs to determine any biases or prejudices. This process is called "voir dire." If any attorney or judge feels that a juror is not qualified for the case, the juror is excused for cause. There is no limit to a party's challenges for cause. Both sides are entitled to a certain number of peremptory challenges, which means they may excuse some prospective jurors without stating any reasons (unless the motives appear to be motivated by race or gender.) Opening Statement Attorneys for each side make statements to inform the court and jurors of the nature of the case, the evidence they will present, and the facts they expect to prove. The defense may choose to wait to make an opening statement until after the prosecution has rested its case, or may choose not to make one. Prosecution Evidence/Witnesses Each side makes its case based on testimony from witnesses and physical evidence. The prosecutor/plaintiffs call their witnesses for direct examination to state what they know about the alleged crime or injury. The defense may ask questions of the same witnesses (cross-examination). Then the prosecutors/plaintiffs may re-examine their witnesses (re-direct). Physical evidence, such as documents, pictures and other exhibits, is also introduced. Defense Evidence/Witnesses After the prosecution has rested its case, the defense may call witnesses to give testimony to disprove the prosecutor's/plaintiff's case and to establish the defendant's case. The prosecutor/plaintiff may cross-examine the witnesses. The defense may then re-examine its witnesses. Rebuttal When the defense has presented all its witnesses, the prosecutor/plaintiff may again call witnesses to rebut any new information introduced by defense witnesses. The judge may allow surrebuttal (a rebuttal to the rebuttal) by the defense. Jury Instructions Before closing arguments, the judge will instruct jurors carefully as to what law they are to follow. In civil cases, the jury must determine that a preponderance of the evidence favors one party. In criminal cases, the defendant must be found guilty beyond a reasonable doubt to be convicted. Closing Argument After jury instructions are given, both attorneys summarize the evidence and testimony in an effort to persuade the judge or jury to decide the case in favor of their client. The prosecution makes its closing argument first, then the defense, and then the prosecution responds to the defense's closing argument. Either side may waive closing arguments. Jury Deliberations After closing arguments, the court orders the jury to retire to the jury room for deliberations. Verdict In criminal cases, a verdict must be unanimous and must be given in open court with the defendant present, unless he chooses not to be. For criminal cases there are a limited number of possible verdicts: guilty (of some or all of the charged crimes, or guilty of a lesser crime); not guilty (of some or all of the charged crimes); not guilty by reason of insanity or affirmative defense; guilty and mentally ill. For civil cases, two types of verdicts are rendered - general and special. The verdict does not have to be unanimous; at least three-fourths of the jurors must agree to the verdict. In general verdicts, the jury has decided the case either in favor of the defendant or the plaintiff. In special verdicts, a general decision is not announced. Rather, the jury has answered certain factual questions, leaving the "total" decision up to the court. Sentencing/Judgment In a criminal case, after a verdict of guilty or a plea of guilty, the defendant has the right to be sentenced in no fewer than two nor any more than 45 days following conviction. If the defendant chooses, he or she may waive that time and may be sentenced on the day of conviction or the day of the plea. The defendant may also choose to be sentenced after 45 days if they need more time to prepare for sentencing. In a civil case, after the verdict or after the court has decided the facts in a bench trial, a judgment will be rendered. The court will award money damages or injunctive relief. |
Disclosure and Discovery Page Menu Related Information Notice of Event Due Dates Civil discovery during COVID-19 Administrative Order Regarding Remote Depositions Introduction 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, which means the party with the information must provide it to the others without being asked for it. Other information must be discovered, which means the party with the information must provide it, but only if asked for it. Essentially, a party must disclose to the other parties the information, documents and witnesses that support the party’s claims and defenses. Discovery refers to the procedures by which each party learns about the information, documents and witnesses that the other party does not have to disclose. Each party must automatically provide additional documents and information as they become known if the information is something that must be disclosed or if information of that type has already been asked for during discovery. If a party fails to provide information that should have been disclosed or fails to provide discoverable information if asked for it, the judge might not allow the party to use that information at trial. Disclosure and discovery are mixed in time, in approximately the following order: initial disclosures; fact discovery; expert disclosures; expert discovery; and pretrial disclosures. Initial disclosures Parties must disclose things that help prove their case or defenses to their case. This includes information, documents and witnesses. See the Initial Disclosures web page for more information and forms. Fact discovery Standard discovery and extraordinary discovery. Depending on the amount of damages claimed, a party is entitled to a certain amount of standard discovery, meaning the number of depositions, interrogatories, requests for admission, and requests for the production of documents. If a party needs more than the standard amount, the parties can stipulate to extraordinary discovery or file a motion asking the judge to order extraordinary discovery. What can be discovered? URCP 26(b) . Parties may discover any matter, not privileged, which is relevant to the claim or defense of any party if the discovery satisfies the standards of proportionality. Proportionality. URCP 26(b) . Discovery and discovery requests are proportional if: the discovery is reasonable, considering the needs of the case, the amount in controversy, the complexity of the case, the parties' resources, the importance of the issues, and the importance of the discovery in resolving the issues; the likely benefits of the proposed discovery outweigh the burden or expense; the discovery is consistent with the overall case management and will further the just, speedy and inexpensive determination of the case; the discovery is not unreasonably cumulative or duplicative; the information cannot be obtained from another source that is more convenient, less burdensome or less expensive; and the party seeking discovery has not had sufficient opportunity to obtain the information by discovery or otherwise, taking into account the parties’ relative access to the information. The party seeking discovery always has the burden of showing proportionality and relevance. To ensure proportionality, the court may enter orders under Rule 37 . Discovery methods Request for admissions A party may serve on any other party a request to admit the truth of any discoverable matter stated in the request, including the genuineness of any document. The matter must relate to statements or opinions of fact or the application of law to fact. Generally, a party has 28 days to respond to a request for production of documents, but if the requests were served by U.S. mail they have 7 extra days to respond. URCP 6 (c). A party who fails to respond to a request for admissions could lose their case automatically. For information on how to answer a Request for Admissions, see our page on Answering a Request for Admissions or see URCP 36 . Request for production of documents A party may serve on any other party a request to produce discoverable documents, electronically stored information or tangible things and permit them to be copied. Any party may also serve on any other party a request to permit entry upon land. Generally, a party has 28 days to respond to a request for production of documents, but if the requests were served by U.S. mail they have 7 extra days to respond. URCP 6 (c). For more information on requests for production of documents see URCP 34 . Interrogatories Interrogatories are written questions that are answered in writing under oath. A party may ask interrogatories only of another party. Generally, a party has 28 days to respond to interrogatories, but if the interrogatories were served by U.S. mail they have 7 extra days to respond. URCP 6 (c). For more information on interrogatories see URCP 33 . Depositions Depositions are oral questions that are answered under oath and recorded. A party may depose (ask someone questions under oath) another party or a witness, including an expert witness. To depose a party, notify the party of the date, time and location of the deposition, including any other information required by URCP 30 . To depose a non-party witness, serve the witness with a subpoena. For more information and forms, see our page on Subpoenas . A party may also interview a witness without deposing them. Medical examinations If the mental or physical condition of a party is in controversy, the court may, for good cause, order the party to submit to a physical or mental examination. The person being examined may record the examination unless the party requesting the examination shows that the recording would unduly interfere with the examination. The party requesting the examination must disclose a detailed report written by the examiner. For more information on medical examinations see URCP 35 Limits on standard discovery. URCP 26(c)(5) URCP 26(c)(5) The limits on standard discovery are determined by the amount of damages claimed. The complaint must allege a specific amount of damages or must allege that the case falls into one of the four discovery tiers. The discovery tier should be stated as part of the complaint’s caption at the top of the first page. A case in which there are no money damages is automatically a tier 2 case. Most family law cases, like adoption, divorce and parentage, do not have money damages and will automatically be tier 2 cases. A pleading that qualifies for tier 1 or tier 2 discovery waives any right to recover damages above the tier limits, unless the pleading is amended under URCP 15 . Standard fact discovery per side (plaintiffs collectively, defendants collectively, and third-party defendants collectively) in each tier is shown in the table below. The days to complete standard fact discovery are calculated from the date the first defendant’s first disclosure is due. The days to complete standard fact discovery do not include expert discovery. Discovery Tier 1 Discovery Tier 2 Discovery Tier 3 Discovery Tier 4 Amount of Damages $50,000 or less More than $50,000 and less than $300,000 or non- monetary relief $300,000 or more Domestic Relations Total Fact Deposition Hours 3 15 30 4 Rule 33 Interrogatories including all discrete subparts 0 10 20 10 Rule 34 Requests for Production 5 10 20 10 Rule 36 Requests for Admission 5 10 20 10 Days to Complete Standard Fact Discovery 120 180 210 90 Discovery Motions Discovery Motion Procedures. URCP 37 Meet and Confer. Before filing a motion for extraordinary discovery, a motion to compel discovery or a motion for a protective order, the parties must meet (in person or by telephone) to try to resolve or narrow the issues without court involvement. Statement of Discovery Issues. If the parties cannot resolve the issues themselves and want the court to decide them, the moving party must file a Statement of Discovery Issues that states: the relief sought and the grounds for the relief sought stated succinctly and with particularity; a certification that the requesting party has in good faith conferred or attempted to confer with the other affected parties in person or by telephone in an effort to resolve the dispute without court action; that the discovery requested is proportional under URCP 26(b)(2) ; and if the statement requests extraordinary discovery, a statement certifying that the party has reviewed and approved a discovery budget. Length and Attachments. The Statement of Discovery Issues cannot be more than 4 pages long. The party filing it must attach to it a copy of the disclosure, request for discovery or the response at issue. The party also must file a proposed order with their Statement of Discovery Issues. Objection. No more than 7 days after the Statement of Discovery is filed, any other party may file an Objection to the Statement of Discovery Issues. The Objection cannot be more than 4 pages in length and must address the issues raised in the statement. The objecting party must file a Proposed Order with their Objection. Court's decision. Once the time for the objection has passed, the party who filed the Statement of Discovery Issues must file a Request for Submit for Decision. ( URCP 7(g) ). If they don't file it, another party may do so. The court will either: decide the issues based on the papers filed conduct a hearing by telephone or other electronic communication; or order additional papers be filed and establish a schedule for them. Motion forms. Use the forms found on the Motions page, for discovery motions. Refer to URCP 37 regarding what sort of requests can be made in your motion. Motion or stipulation for extraordinary discovery. URCP 26(c)(6) and URCP 37(a)(1)(b) . To obtain discovery beyond standard discovery a party must file, before the close of standard discovery and after reaching the limits of standard discovery: a stipulated statement ( PDF ) that extraordinary discovery is necessary and proportional and that each party has reviewed and approved a discovery budget; or a motion for extraordinary discovery, setting forth the reasons why the extraordinary discovery is necessary and proportional and certifying that the party has reviewed and approved a discovery budget and certifying that the parties have met and tried to resolve or narrow the issues without court involvement. Motions to compel disclosure or discovery. URCP 37 . If a party does not respond to a discovery request, the party seeking discovery can file a motion asking the judge to compel discovery and impose sanctions. The party seeking discovery must show the judge that the information is discoverable and that discovery is proportional to the case. A motion may also be filed to compel disclosures. If a party fails to disclose, that party may not be able to use the documents or information at trial. Motions for protective orders from disclosure of discovery. URCP 37 . If a party is seeking to discover documents or information that are not subject to discovery, the party from whom discovery is sought can file a motion asking the judge for an order protecting the documents or information. The party seeking discovery must show the judge that the documents or information are discoverable and that the discovery is proportional to the case. Expert disclosure and discovery. URCP 26(a)(4) URCP 26(a)(4) Within 7 days after the close of fact discovery, the party who has the burden of proof on any issue must disclose to the other parties the following information about any expert retained to testify about that issue: the expert’s name and qualifications; a list of all publications the expert has written within the preceding 10 years, a list of other cases in which the expert has testified as an expert within the preceding 4 years, a brief summary of the opinions to which the witness is expected to testify, all data and other information that will be relied upon by the expert in forming those opinions, and the compensation to be paid for the expert’s study and testimony. Within 7 days after that, the party opposing the expert may elect either to depose the expert or to require a written report from the expert. The deposition must occur or the report must be provided within 28 days after the election is made. If no election is made, then no further discovery of the expert is permitted. The party offering the expert pays for the report; the party opposing the expert pays for the deposition. The deposition may not exceed four hours. The party who does not bear the burden of proof on the issue must disclose the same information about their experts. And their experts are subject to discovery according to the same schedule. Continuing duty to supplement disclosure and discovery. URCP 26(d) URCP 26(d) A party must make disclosures and respond to discovery requests based on the information then known or reasonably available to the party. If a party learns that a disclosure or discovery response is incomplete or incorrect in some important way, the party must timely provide the additional or correct information. The supplemental disclosure or response must state why the additional or correct information was not previously provided. If a party fails to disclose or to supplement a disclosure or discovery response, that party may not use the undisclosed witness, document or material at any hearing or trial unless the failure is harmless or the party shows good cause for the failure. |
We Don’t Have a Form for That Page Menu Related Information Finding Legal Help Summary of Civil Procedures Self-Help Center Utah State Law Library Introduction Many forms and resources are available on our website. Visit our Court Forms page to see a complete list of all of the forms available on the Utah State Courts’ website. If there is not a form for what you need, you can try to make your own form. This can be complicated. You might want to get legal help on how best to proceed. See our page on Finding Legal Help for more information. If you want to make your own form, you can use the templates below. The Caption and Signature are a good place to start and are required. The Caption includes your information and the case information, and appears at the top of the form. The signature line is found at the bottom of the form. In between the caption and the signature line is where you include the information you need to provide to the court. For example, if you are creating a complaint to start a case, in this part you explain: what happened (the facts), what you are asking the court to do (your claims for relief — for example, to enter a judgment in your favor or order the other party to do something), and why the law supports your request. If you do not get legal help, you might need to do legal research to find the law that supports your request. In the documents below called Complaint Multiple Claims and Complaint Injunctive Relief, you can see some examples of complaints to start a case. These might not fit your situation. If you need to do legal research to find law or guidance on how to draft papers that fit your situation, there are law libraries in Utah where you can do research yourself. Many public libraries also have basic legal handbooks that you can use to research your case. You can find the current Utah Code and U.S. Code online. Forms (as samples only) Caption and Signature - PDF | Word Complaint Multiple Claims - PDF | Word Complaint Injunctive Relief - PDF | Word |
Changing Lawyers Page Menu Related Information Filing Procedures Finding an Attorney Free Legal Clinics Serving Papers URCP 74. Withdrawal of counsel Notice of Withdrawal of Counsel or Licensed Paralegal Practitioner If the lawyer or licensed paralegal practitioner (LPP) who was representing you no longer does, they are supposed to file a Notice of Withdrawal of Counsel or Licensed Paralegal Practitioner with the court. This notice tells the court and the other party that the lawyer or LPP no longer represents you. If the lawyer or LPP does not file the notice, the court and other parties will assume that they still represent you and will send pleadings and other papers to the lawyer or LPP instead of to you. If the lawyer or LPP does not file a Notice of Withdrawal of Counsel or Licensed Paralegal Practitioner ask them to do so. See the Forms section for form. Notice to Appear Personally or to Appoint Counsel or Licensed Paralegal Practitioner If the lawyer or LPP for the other party has withdrawn from the case, you must file and serve on that party a Notice to Appear Personally or to Appoint Counsel or Licensed Paralegal Practitioner. This notice tells the other party that there will be no action in the case for at least 21 days. After 21 days, you and the court can assume that the party is representing themselves. See the Forms section for form. Notice of Appearance If your lawyer or LPP withdraws from the case, you must decide whether to hire someone else or represent yourself. After you decide, file a Notice of Appearance. This notice tells the court and the other party that you will represent yourself or that you have hired a new lawyer or LPP. Pleadings and other documents will then be sent to the right person. See the Forms section for the form. If your lawyer or LPP withdraws from the case, the other party is supposed to serve you with Notice to Appear Personally or to Appoint Counsel or Licensed Paralegal Practitioner, but they might not. If you are served, there will be no activity in the case for at least 21 days. This allows you time to hire another lawyer ot LPP. Even if the other party does not serve a Notice to Appear Personally or to Appoint Counsel, you should file a Notice of Appearance. Substitution of Counsel or Licensed Paralegal Practitioner If you hire a different lawyer or licensed paralegal practitioners, file a Substitution of Counsel or Licensed Paralegal Practitioner form with the court so everyone knows that you've hired a new lawyer or licensed paralegal practitioner. See the Forms section for the form. What are my rights when I change lawyers? When your lawyer or LPP stops representing you they are required to: give reasonable notice to you that they are no longer representing you give you time to search for someone else to represent you give you, when you ask for it, papers related to your case, including pleadings motions discovery legal memoranda correspondence (letters and emails) related to your case depositions expert opinions business records exhibits or potential evidence to be used in your case, and witness statements The lawyer is not required to give you their research notes, legal theories, internal memos and unfiled pleadings. Utah Rule of Professional Conduct 1.16 . Forms The forms you need depend on your case. What is your case about? Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance 1121FA 1122FA 1123FA 1124FA Something else 1121GE 1122GE 1123GE 1124GE |
Legal Research Legal Research Federal Legal Research Utah Legal Research Page Menu Related Information Utah State Law Library About the Library Library Collections Library Services Legal Research Library Presentations Need help? Search the law library catalog Law Libraries The best resource for help with legal research is a law library. Don't hesitate to contact us with your legal research questions. While law library staff cannot do your research for you, we can offer guidance and tips for your research project. Please see our Legal Research & Advice policy for more information. Online Resources How to Research a Legal Problem: A Guide for Non-Lawyers by the American Association of Law Libraries (AALL) Public Libraries' Toolkit by the American Association of Law Libraries (AALL). Legal Research Guides from the University of Utah James E. Faust Law Library. Overview of Federal and State Government Structure Federal and state governments have three branches: executive, judicial and legislative. The law comes from all three branches of government. Understanding the responsibilities of the three branches and how they work with each other will help you with your legal research. In the federal government, the president is the head of the executive branch, which is comprised of all government agencies. The legislative branch is comprised of the United States Congress. The House of Representatives and the Senate make the laws. The executive agencies implement the laws and can make administrative rules to achieve the law makers' goals. The judicial branch includes the United States Supreme Court and the federal district, bankruptcy and appellate courts and the judicial branch is responsible for interpreting laws enacted by the legislative branch and the rules and regulations of the executive branch. See our Federal Legal Research page for more information about the research resources listed in this section. Utah's state governmental structure is very similar to the federal system. The governor is the head of the executive branch, the state legislature makes laws, and the state courts interpret the laws. Sources of Utah Law See our Utah Legal Research page for more information about the research resources listed in this section. Utah Executive Branch The main sources of law from the executive branch are administrative regulations, attorney general opinions and the governor's executive orders. Some administrative agencies hold quasi-judicial hearings, and some of those decisions are available to researchers. Utah Legislative Branch The laws passed by the state legislature are compiled in Utah Code. Other research resources from the legislative branch include bill drafts, House and Senate journals, committee hearings, floor debates and the Laws of Utah. Utah Judicial Branch The main sources of law from the judicial branch are appellate court decisions and court rules. Utah has two appellate courts: the Utah Court of Appeals and the Utah Supreme Court. Appellate courts review the decisions of trial courts and make decisions about the correctness of procedure or application of laws. Appellate decisions are available in print and online. Court rules govern court procedures and the conduct of the people who do business with the court. Rules establish uniform procedures for how documents must be formatted, how to serve documents, how to conduct discovery, how to make motions, how to appeal, time limitations for every step in the process, and many other topics. State and federal courts have separate rules, and there are different kinds of rules for different types of cases. Utah State Law Library | 450 S. State Street | 801-238-7990 | Directions | View Map |
Motion to Intervene in Adoption Page Menu Related Information Adopting a Minor Stepchild Court Appointed Lawyers Utah Adoption Act Intervening in an adoption An adoption terminates the rights of a parent. It means: The parent would not have the right to see the child or make decisions for them Someone else would be the child's legal parent An adoption also terminates the rights of a guardian or conservator. If you do not want your rights terminated you must file a Motion to Intervene. The motion asks the court to let you be a part of the case and make arguments to the judge. This webpage explains how to file a Motion to Intervene. If you are representing an Indian tribe and want to be involved in an adoption case, see our page on Tribal Rights in Juvenile Court under ICWA . Who can intervene Whether or not you can intervene in an adoption case depends on your relationship with the child. Generally, the following people can intervene in the case: The spouse of the petitioner (the person asking to adopt the child) The child if they are older than 12 The child's parent (this can be the legal or biological parent) The child's court-appointed guardian or conservator Anyone living with the child who is acting as the child's father Anyone married to the mother of the child If you are unsure if you can intervene you might want to get legal advice. See our page on Finding Legal Help for more information. How to ask to intervene To ask to intervene in the adoption fill out a Motion to Intervene in Adoption and file it with the court and serve a copy on all parties in the case. The court might schedule a hearing. If the court schedules a hearing, plan to bring an Order on Motion to Intervene with you. These forms are in the forms section below. If the court grants the motion If the court grants your motion: You will have access to information in the case, including the petition for adoption You can look at the petition and then file an answer 1001CR If the court denies the motion If the court denies the motion you can file an appeal. This would be an appeal from the district court to the Court of Appeals. See our page on Appeals for more information. Forms 1020AD 1110GE 1021AD 1001CR |
Guardianship and Conservatorship Pre-appointment Tests Test for Appointment In order to be appointed as a guardian or conservator, you must teach yourself about the responsibilities of a guardian or conservator and tell the court you understand those responsibilities. Here's how you do that. First, read Basic Guidelines for Court-Appointed Guardians and Conservators . Then, take the appropriate examination below to make sure that you have understood the Guidelines. Finally, print out the Declaration of Completion of Testing , sign it and file it with the court. The exam is designed to help you understand your duties and powers. If you answer a question incorrectly, please read the correct answer and refer back to the Guidelines for more information. There are different exams for guardians and conservators. To find the right exam, select the description that applies to you. Be sure to complete the Declaration of Completion of Testing at the end of the exam and file it with the court so the appointment process can proceed. Guardian/Conservator Exams Use the Online Court Assistance Program (OCAP) to take the test and to prepare the forms you need to file. or Take the appropriate exam below and fill out the Declaration of Completion of Testing : Guardian Who is Also a Conservator - PDF Guardian with Separate Conservator - PDF (somebody else will be the conservator) Guardian with No Conservator - PDF (there will be no conservator) Conservator only - PDF Declaration of Completion of Testing - PDF |
Reports Required from the Guardian and Conservator Page Menu This page describes the reporting requirements for the guardian and conservator of an adult, not of a minor. What are my reporting requirements? Your reporting requirements depend on whether you are the parent of the protected person and also their guardian or conservator (including co-guardians and co-conservators). I am the parent of the protected person and also their guardian or conservator If you are the biological or adoptive parent of the protected person or a co-guardian with a parent of the protected person, you do not have to file an inventory report, annual status reports or financial accountings. But you still owe to the protected person the duty to meet her or his needs for care, comfort and maintenance and to budget, invest and use the protected person's estate to meet his or her needs over his or her expected life. In other words, you have all of the Authority and Responsibilities of a Guardian and all of the Authority and Responsibilities of a Conservator , but you do not have to report to the court, unless ordered by the judge. Utah Code 75-5-312 (3)((ix) and Rule of Judicial Administration 6-501 . I am not the parent of the protected person (including guardians and conservators who are the spouse of the protected person) Court-appointed guardians and conservators must file an initial inventory, and annual status reports and financial accountings. (Utah Code 75-5-312 and 75-5-417 and Rule 6-501 ) This requirement includes spouses who are guardians. The court can impose a $5,000 penalty if you: willfully fail to file a report; make a substantial misstatement in a report; or are guilty of gross impropriety in handling the protected person's property. Serving Copies of Reports and a Notice of Right to Object After filing your inventory and your annual reports with the court, you must serve a copy, along with a Notice of Right to Object, on: the protected person (if of an appropriate age and mental capacity to understand the proceedings); the protected person's guardian or conservator (if the court has appointed one other than yourself); the protected person's spouse, adult children, parents and siblings; and anyone requesting notice under Utah Code Section 75-5-406 . Code of Judicial Administration Rule 6-501 . You may serve the documents by mail, email or hand delivery. If anyone objects to the filing or if the judge has questions, the court will schedule a hearing and notify you and the others. Code of Judicial Administration Rule 6-501 . One-time Inventory of the protected person's property Within 90 days after being appointed, the conservator - or the guardian if there is no conservator - must file an inventory of the protected person’s property with the court. Utah Code Section 75-5-418 and Rule 6-501 . Forms in the forms section below. For information on how to identify the protected person’s property, see our page on Identifying the Protected Person's Property . Once you have identified the protected person's property on the Inventory form, estimate the value of the property. Then file the inventory with the court. If more property is discovered later, file an amended inventory. After filing the inventory with the court, send copies as described above in Serving Copies and the Notice of Right to Object. Court-appointed guardians and conservators must file an initial inventory, and annual status reports and financial accountings. If you are the parent of the protected person or appointed as a co-guardian with a parent of the protected person, you do not have to file an inventory report, annual status reports or financial accountings. But you still owe to the protected person the duty to meet his or her needs for care, comfort and maintenance and to budget, invest and use the protected person's estate to meet his or her needs over his or her expected life. In other words, you have all of the Authority and Responsibilities of a Guardian and all of the Authority and Responsibilities of a Conservator , but you do not have to report to the court, unless ordered by the judge. Otherwise, Utah Code Section 75-5-312 and Section 75-5-417 and Rule 6-501 require that you file the reports with the court. This requirement includes spouses who are guardians. The court can impose a $5,000 penalty if you: willfully fail to file a report; make a substantial misstatement in a report; or are guilty of gross impropriety in handling the protected person's property. Utah Code Section 75-5-418 requires that the conservator file an inventory of the protected person's estate within 90 days after being appointed, and Rule 6-501 requires that the guardian file the inventory if the protected person does not have a conservator. Inventory of the protected person's property Within 90 days after being appointed, the conservator — or the guardian if there is no conservator — must identify, locate and inventory the protected person's property and file the inventory with the court. Utah Code Section 75-5-418 and Rule 6-501 . For more information, see our page on Identifying the Protected Person's Property . Once you have identified the protected person's property, estimate the value of the property and prepare and file the inventory with the court. If more property is discovered later, file an amended inventory. You can use the Inventory Report in the section on Forms below. Annual status report A guardian must report annually to the court on the protected person's care and status. Utah Code 75-5-312 . The report shows what and how the protected person is doing and alerts the court to changes. It must include a report of the physical and mental condition of the protected person, their property (“estate”) that has been subject to the guardian's possession, the protected person's place of residence and others living in the same household. You can use the Annual Status Report in the Forms section below. Additional Notices: Between annual reports, a guardian should inform the family and other interested persons of any significant changes in the protected person's circumstances. If the protected person moves or dies, or is likely to die within the next 10 days, notify the court and the interested persons immediately. See reporting a change of residence . The guardian must also notify any person that the guardianship order requires them to notify regarding any significant health care or treatment the respondent receives. Utah Code 75-5-304 (4). Annual financial accounting Forms for annual financial accounting reports are in the forms section below. There is a filing fee for filing the forms with the court. It depends on the amount of the protected person's property (estate). If the protected person is low income, you can ask for a fee waiver . The reports must include a statement regarding and and all: assets at the beginning and end of the reporting year; income received during the year; disbursements for the support of the protected person; investments or trusts that are held for the protected person's benefit; expenditures or fees charged to the ward's estate; and other expenses incurred by the ward's estate When there is a guardian and no conservator If the value of the protected person's property ("estate") is more than $50,000, not including the residence owned by them, you must file a full accounting report with the court on an annual basis. If the value of the protected person's property ("estate") is less than $50,000 not including the residence owned by them, you must file an informal accounting report with the court on an annual basis. However, if the protected person's income is limited to a federal or state program requiring an annual accounting report, a copy of that report may be filed with the court instead of the required annual accounting reports described above. The forms are in the forms section below. When there is a guardian and a conservator If there is a conservator, the guardian must report to the conservator the financial transactions that the guardian makes on the protected person's behalf. Utah Code 75-5-312 . Because the conservator must report annually to the court, the guardian should report at least annually to the conservator. The guardian and the conservator should discuss and agree on the timing and content of the report. Final accounting The conservator - or the guardian if there is no conservator - must file a final accounting with the court if: the guardian or conservator resigns or is removed; the protected person dies; the court ends the guardianship or conservatorship because the protected person regains capacity; or the court transfers the guardianship or conservatorship to another state. You may use the Annual Financial Accounting Report in the section on Forms below. The reporting period will be from the date of the most recently filed accounting to the date the guardianship or conservatorship ends or is transferred or the date the guardian or conservator resigns or is removed. Utah Code 75-5-419 . Serving Copies of Reports and a Notice of Right to Object There is a filing fee for filing the forms with the court. It depends on the amount of the protected person's property (estate). If the protected person is low income, you can ask. Serving Copies of Reports and a Notice of Right to Object After filing your reports with the court, you must serve a copy, along with a Notice of Right to Object, on: the protected person (if of an appropriate age and mental capacity to understand the proceedings); the protected person's guardian or conservator (if the court has appointed one other than yourself); the protected person's spouse, adult children, parents and siblings; and anyone requesting notice under Utah Code Section 75-5-406 . Code of Judicial Administration Rule 6-501 . You may serve the documents by mail, email or hand delivery. If anyone objects to the filing or if the judge has questions, the court will schedule a hearing and notify you and the others. Code of Judicial Administration Rule 6-501 . There is a filing fee for filing the forms with the court. It depends on the amount of the protected person's property (estate). If the protected person is low income, you can ask. Reporting procedures The deadlines for the inventory, status report and accounting are: Document Who Files? Due Date Inventory Conservator* Within 90 days after the appointment. Annual Status Report Guardian Within 60 days after each anniversary of the appointment. Annual Accounting Report Conservator* Within 60 days after each anniversary of the appointment. Final Accounting Report Conservator* Upon resignation or removal of the guardian or conservator or upon termination of the guardianship or conservatorship or transfer to another state. * Filed by the guardian if there is no conservator. Changing the accounting report requirements for the annual reports can ask the court to change the accounting report requirements by filing a Motion to Change Accounting Report Requirements. Forms are available in the forms section . You can ask the court to change: the reporting period. You can choose the start and end date for each year you will report on, such as January 1 to December 31, or April 16 of one year to April 15 of the following year. how often you report (the frequency). For example, from every year to every two years. the information contained in the report. Utah Code 75-5-312 (4) Reporting a change of residence You do not need the court's permission to move the protected person to another residence within Utah, but you must notify the court that you are doing so and provide the court with the protected person's new address. You must also notify the other interested persons. Utah Code Section 75-5-312 . There are no forms to report a change in residence; a letter or email will do. Address it to the clerk of the court that appointed you. Be sure to identify the case number and the protected person's name. Send a copy to the interested persons. You must also notify the court if you move. Rule of Civil Procedure 76 . You do need the court's permission to move the guardianship and conservatorship to another state or to another county within Utah. For more information and forms, see our page on Transferring a guardianship or conservatorship from Utah to another state . Reporting a change in the protected person's capacity You must promptly inform the court of any change in the protected person's capacity that warrants an expansion or restriction of your authority. For more information, see our page on Proceedings after the Appointment of a Guardian or Conservator . Reporting the protected person’s death, expected death, hospitalization or admission to hospice, or the death or incapacity of the guardian or conservator You must notify the interested persons if the protected person has been in the hospital for three or more days, has been admitted to hospice, or is expected to die within the next 10 days. If the protected person dies, notify the court and interested persons immediately and file a copy of the death certificate with the court. See our page discussing the Death of the Protected Person . If the guardian or conservator dies or becomes incapacitated, someone interested in the protected person must notify the court. A new guardian or conservator will then need to apply to be appointed. Forms Use the Online Court Assistance Program (OCAP) to prepare the necessary forms for an inventory, a status report, or an accounting based on the answers to the questions asked by the program. You can also use the PDF and Word versions of the forms. The PDF forms can be downloaded, printed and completed by hand. The Word forms can be downloaded to your computer, typed and printed. Inventory report Inventory report (using OCAP) or 1198XX 1199XX (Required if there are interested persons who must served with a copy of the Inventory) 1200XX (Required if there are interested persons who must be served with a copy of the Inventory) 1800GU Annual status report If the protcted person's estate has stock accounts or real real estate, you can use OCAP to prepare the annual status report, but you will need to use the PDF or Word versions of the form to prepare the annual accounting report. Annual Status Report (using OCAP) or Report on the Status of the Protected Person - PDF | Word 1199XX (Required if there are interested persons who must be served with a copy of the Status Report) 1200XX (Required if there are interested persons who must be served with a copy of the Status Report) 1800GU Annual accounting report If the protcted person's estate has stock accounts or real real estate, use the PDF or Word versions of the forms. The OCAP interview will not work for your situation. Guardian’s Financial Accounting to Conservator (using OCAP) or 1158XX 1197XX 1199XX (Required if there are interested persons who must be served with a copy of the Accounting Report) 1200XX (Required if there are interested persons who must be served with a copy of the Financial Accounting) 1800GU Motion to change accounting report requirements Motion to Change Accounting Report Requirements - PDF | Word Notice of Right to Object to Motion - PDF | Word Findings of Fact, Conclusions of Law, and Order on Motion to Change Accounting Report Requirements - PDF | Word |
Authority and Responsibilities of a Guardian Page Menu Limited or full appointment The order appointing you and your "letter" of guardianship will describe the extent of your authority, limited or full. The judge will sign a “letter” or “letters” which is a court order that you provide to healthcare providers,, etc. to show that you are the court-ordered guardian of the protected person. You might have authority to make decisions about certain things, called a limited guardianship. Or you might have authority to make decisions about all aspects of the protected person's life, called a plenary or full guardianship. Filing required reports You are required to file periodic reports. See our webpage on Reports Required from the Guardian and Conservator . Order and letter of guardianship Your letter of guardianship is proof of your authority to make decisions and act on the protected person's behalf, and you will present this to others — such as healthcare providers, insurance agents, residence administrators, banks, and other individuals and institutions — when that person asks for a record of your authority. Some persons might ask for a photocopy, which you or they can make. Others might need a certified copy. A certified copy is treated like an original and is available only from the court. There is a fee for a certified copy, and you may want to keep a few certified copies handy for convenient use. For information about fees, see our page on Fees . The original order and letter of guardianship will remain in the court file, and you may access the file any time the court is open. Notice of appointment As soon as possible after your appointment you should notify the people and entities that you will be working with and interested persons, such as: the protected person's spouse, children, parents and other family members who were involved in the case; the protected person's employer; the administrator or manager of the protected person's residential facility; the protected person's healthcare providers and caregivers; the protected person's education and training providers; banks, savings and loans, credit unions, and other financial institutions where the protected person has savings or checking accounts or credit or debit cards; stockbrokers and financial advisers; companies in which the protected person owns stock; insurance agents; government agencies, such as Social Security Administration, Veterans Administration and Workers Compensation Fund, from which the protected person receives payments; pension plan administrators; people who owe the protected person money or to whom the protected person owes money; the county recorder in every county in which the protected person owns land; the post office, if you want to change the protected person's mail address; and anyone involved in a lawsuit by or against the protected person. Any person the court has named in the order of appointment whom the guardian must notify of any significant health care or treatment received by the protected person. To notify someone of your appointment, you should: inform the person or entity that you have been appointed; give to each a copy of your letter of guardianship and an address, email address and telephone number at which you can be reached; ask the person or entity whether they recognize your authority or need something else. Guardian's authority and responsibilities Limited authority In general, a guardian must carry out their duties, powers, and rights "diligently and in good faith." Utah Code 75-5-312 (1)(a). A limited guardian has the powers listed in the court order. Utah Code Section 75-5-304 . Utah law prefers a guardian with limited authority, and the guardian's authority should be tailored to the protected person's needs and abilities. The challenge will be to describe that authority specifically enough to be clear and generally enough to be flexible. Depending on the protected person's needs and abilities, you may need authority to make decisions about: health or other professional care, counsel, treatment, or service; custody and residence; care, comfort, and maintenance; training and education; and clothing, furniture, vehicles, and other personal effects. If no conservator has been appointed, you may need authority to make decisions about: proceedings to safeguard the protected person's property; proceedings to compel a person to support the protected person; and receiving money and property for the protected person and applying the money and property for the protected person's support, care, and education. If you believe that some specific authority is needed, you should describe and request that authority in the petition to appoint a guardian, or you should petition the court to amend your appointment order to include the needed authority. For more information and forms, see our page on Proceedings after the Appointment of a Guardian . Full authority If the court finds that nothing less than a full guardianship is adequate, the court can grant full or plenary authority, and the guardian has the same responsibility for a protected person as a parent has for the parent's minor child, except that the guardian does not have to use his or her own money for the protected person's care and support. If no conservator is appointed, the guardian has some of the responsibilities of a conservator. For a full list of the duties of the guardian, see Utah Code 75-5-312 . Even if the guardian has full authority, they must still encourage the protected person to act on their own behalf. The guardian must consider the protected person's expressed desires and personal values when making decisions. The protected person also retains decision making authority not given to the guardian, including decisions about their religion, friends, whether to marry or divorce, drive, consume legal substances, and other decisions. For more information, see our page on The Protected Person’s Rights . If you believe you need authority for these matters, you should describe and request that authority in the petition to appoint a guardian, or you should ask the court to amend your appointment order to include the needed authority. For more information and forms, see our page on Proceedings after the Appointment of a Guardian or Conservator . The right to vote cannot be assigned to the guardian in any event. If you believe that the protected person should not have the right to vote, you should request that restriction in the petition to appoint a guardian, or you should petition the court to amend its order to include that restriction. For more information and forms, see our page on Proceedings after the Appointment of a Guardian or Conservator . The court order may have limited your authority, but even in a full guardianship, there are things that you simply cannot do. For more information, see our page on The Protected Person’s Rights . Guardian's additional authority and responsibilities if there is no conservator If the court has not appointed a conservator, you, as guardian, will have some of that authority and responsibility. Utah Code Section 75-5-312 . You should consider petitioning the court to appoint a conservator, either you or someone else, if: you, as guardian, do not want responsibility for the protected person's financial affairs; the protected person owns real property; the protected person owns personal property other than clothing, furniture, vehicles and personal effects; the protected person has assets over $50,000; the protected is entitled to receive a lump sum payment over $10,000 or annual income over $10,000; the protected person has property in other states, on-going business affairs or extensive debts or financial investments; someone else depends on the protected person for support; or persons and organizations will not recognize your authority to make decisions about the protected person's property and financial affairs. For more information and forms, see our page on Procedure for Appointing a Conservator for an Adult . But if the court has not appointed a conservator, you, as guardian, will have some of that authority and responsibility. Specifically, You must: For more information, see: Within 90 days after your appointment, file an inventory of the estate with the court. Our page on Reports Required from the Guardian and Conservator . File an annual financial accounting with the court. Our page on Reports Required from the Guardian and Conservator . File with the court a final accounting when the guardianship ends, such as if the protected person dies or regains capacity or the guardianship is moved to another state or if you resign or are removed. Our pages on Reports Required from the Guardian and Conservator , Ending a Guardianship or Conservatorship , Moving a Guardianship or Conservatorship , Resignation or Removal of a Guardian or Conservator and Motion to Review, Terminate, or Remove Guardian or Conservator . Identify, locate and take control of the protected person's estate. Our pages on Identifying the Protected Person's Property . Collect all income and benefits the protected person is entitled to, and start legal proceedings as needed. Our page on Identifying the Protected Person's Property . Manage the protected person's estate to make sure that needs are met throughout his or her expected life. Our page on Managing the Protected Person's Property . Specific decision making authority For more information about some of the guardian's specific decisions, see our pages on: Budgeting for the Protected Person Choosing a Place for the Protected Person to Live Decision Making Standards Education, Recreation and Work for the Protected Person Asking the Court to Review or Terminate (End) the Guardianship or Conservatorship or to Remove the Guardianship or Conservator Healthcare Decisions for the Protected Person Keeping the Protected Person's Property Safe Moving a Guardianship or Conservatorship Personal Needs of the Protected Person Planning for the Protected Person's Needs The Protected Person's Rights Consultation and delegation of authority You cannot give to someone else the authority that the court gives to you, but you may consult whomever you wish. Consulting with family members and getting professional advice is usually helpful, but the decision, after considering any advice that is given, must be yours. If you consult with someone else, you should maintain the protected person's confidentiality and disclose only what is necessary to help the protected person. If for some reason — perhaps your illness or absence — you are temporarily unable to make and communicate decisions for the protected person, you may prepare a power of attorney for someone to make the decisions on your behalf. The power of attorney may last for up to six months, but no longer. For more information and forms, see our page on Delegating a Parent's or Guardian's Powers to an Attorney-in-Fact . If you no longer want to serve as guardian or are no longer able to serve, you should resign and have a replacement appointed. For more information and forms, see our page on Asking the Court to Review or Terminate (End) the Guardianship or Conservatorship or to Remove the Guardianship or Conservator . |
Authority and Responsibilities of a Conservator Page Menu Limited or full appointment The order appointing you and your "letter" of appointment will describe the extent of your authority, limited or full. The judge will sign a "letter" or "letters." This is a court order that you provide to banks, etc. to show that you are the court-ordered conservator of the protected person. Unless limited by the order appointing you, you have the authority conferred by law on conservators plus the same authority as the protected person who owns the property, except the power to make or change a will. Utah Code Section 75-5-408 . The court may also limit your authority. Utah Code Section 75-5-426 . Filing required reports You must file with the court an inventory listing the protected person's property within 90 days after being appointed. You must file with the court an accounting of the protected person's estate every year unless the court changes the reporting period and/or the frequency of the report. You must file with the court a final accounting when the conservatorship ends, such as if the protected person dies or regains capacity of if the conservatorship is moved to another state. The reports are required. Failure to file a report or making a substantial misstatement in a report could result in a $5,000 fine. For more information and forms, see our page on Reports Required from the Guardian and Conservator . Order and letter of conservatorship Your letter of conservatorship is proof of your authority to make decisions and act on the protected person's behalf, and you will present this to others — such as healthcare providers, insurance agents, residence administrators, banks, and other individuals and institutions — when that person asks for a record of your authority. Some persons might ask for a photocopy, which you or they can make. Others might need a certified copy. A certified copy is treated like an original and is available only from the court. There is a fee for a certified copy, and you may want to keep a few certified copies handy for convenient use. For information about fees, see our page on Fees . The original order and letter of conservatorship will remain in the court file, and you may access the file any time the court is open. Notice of appointment As soon as possible after your appointment you should notify the people and entities that you will be working with and interested persons, such as: the protected person's spouse, children, parents and other family members who were involved in the case; the protected person's employer; the administrator or manager of the protected person's residential facility; the protected person's healthcare providers and caregivers; the protected person's education and training providers; banks, savings and loans, credit unions, and other financial institutions where the protected person has savings or checking accounts or credit or debit cards; stockbrokers and financial advisers; companies in which the protected person owns stock; insurance agents; government agencies, such as Social Security Administration, Veterans Administration and Workers Compensation Fund, from which the protected person receives payments; pension plan administrators; people who owe the protected person money or to whom the protected person owes money; the county recorder in every county in which the protected person owns land; the post office, if you want to change the protected person's mail address; and anyone involved in a lawsuit by or against the protected person. To notify someone of your appointment, you should: inform the person or entity that you have been appointed; give to each a copy of your letter of conservatorship and an address, email address and telephone number at which you can be reached; ask the person or entity whether they recognize your authority or need something else. Conservator's authority and responsibilities The authority and responsibilities of a conservator are regulated by statute and are sometimes highly technical. A full description is beyond the scope of this page. Unless the court has limited your authority, you have the following authority and responsibilities provided by statute. General duty of conservator. Section 75-5-417. Powers of conservator in administration. Section 75-5-424. Permissible court orders. Section 75-5-408. Distributive duties and powers of conservator. Section 75-5-425. And, because Section 75-5-417 imposes on the conservator the standards of a trustee, you should also consider the requirements of: General powers of trustee. Section 75-7-813. Specific powers of trustee. Section 75-7-814. Standard of care -- Portfolio strategy -- Risk and return objectives. Section 75-7-902. For more information about some of the conservator's specific decisions, see our pages on: Budgeting for the Protected Person Decision Making Standards Ending a Guardianship or Conservatorship Identifying the Protected Person's Property Keeping the Protected Person's Property Safe Managing the Protected Person's Property Moving a Guardianship or Conservatorship Planning for the Protected Person's Needs Respecting the Protected Person's Rights Consultation and delegation of authority You cannot give to someone else the authority that the court gives to you, but you may consult whomever you wish. Consulting with family members and getting professional advice is usually helpful, but the decision, after considering any advice that is given, must be yours. Unlike a guardian, the law does not permit you, as a conservator, to prepare a power of attorney for someone to make the decisions on your behalf, even if you are temporarily absent. However, you can appoint an agent to act on your behalf. Section 75-5-424. You are responsible for all that your agent does, so make sure that you give your agent clear instructions to carry out your decisions rather than allow the agent to act on his or her own. If you no longer want to serve as conservator or are no longer able to serve, you should ask to resign and have a replacement appointed. For more information and forms, see our page on Resignation or Removal of a Guardian or Conservator and our page on Motion to Review, Terminate, or Remove Guardian or Conservator . |
Identifying the Protected Person's Property Page Menu If the protected person has a separate guardian and conservator, the conservator is responsible for identifying and taking control of the protected person's estate and filing an inventory with the court. Otherwise, this responsibility is the guardian's. Mail and email You may need to decide whether and how much control to take of the protected person's mail and email. Do so only after very careful consideration. You do not want to invade the protected person's privacy any more than is necessary, and you do not want to isolate the protected person. Communicating with family and friends is very important to most people, and isolation removes that connection. Isolation also puts the protected person at risk of being harmed. On the other hand, mail and email may contain a lot of information you need to know about, like assets and debts or bills that need to be paid. And you may need to intercept mail, email and telephone solicitations that prey upon vulnerable adults. If you need to have the protected person's mail sent to you, contact the post office and be sure to deliver any personal mail to the protected person as soon as possible. To access the protected person's email, you will need the user ID and password. Identify and collect income and benefits As soon as possible after your appointment, you should find out what income and benefits the protected person is receiving or has a right to receive. Some types of income the protected person may be receiving or may have a right to receive include: government benefits such as Social Security, Supplemental Security Income (SSI), veterans benefits, workers compensation and disability and welfare benefits; Medicaid benefits for long term nursing care; insurance benefits; wages, severance pay, or disability, vacation, or sick leave owed to the protected person; pension payments; settlements from divorce, injury or other lawsuits; payment of debts owed to the protected person, including payments from real property contracts; and money from trusts, rental income and annuities. How to make claims for payment is beyond the scope of this page. The Social Security Administration , Department of Veterans Affairs and Railroad Retirement Board require that you be appointed as representative payee to collect benefits on the protected person's behalf, at least in some circumstances. To find out how to become representative payee, contact the administration that pays the benefits. Notify persons and organizations that make or should make payments to the protected person that you have been appointed by the court; provide them with a copy of your letter of appointment; ask whether they require anything other than a copy of your letter to recognize your authority. If the person or organization refuses to pay the income or benefits to you, even after you have met all of their requirements, you may need to start legal proceedings to compel the payments. Identify, locate and take control of property You should also identify and locate the protected person's assets. There may be some assets that you don't know about. Some types of assets to look for include: cash; un-cashed checks and refunds; bank accounts (including checking, savings, and certificates of deposit); stocks and bonds; promissory notes (IOUs); business interests; life, health, home, long term care and other insurance policies; real property, including houses, land, ranches, and mineral rights; personal property such as furniture, artwork, valuable collections, antiques and jewelry; vehicles, including cars, trucks, boats, campers and RVs. Talk with the protected person; s/he may be able to describe what property, money and investments s/he has. The protected person's mail, email and important papers may include account statements and other documents that will tell you about the protected person's assets. The protected person's past tax returns should tell you from whom s/he was receiving income, and may lead you to additional accounts and other property. If the protected person has an accountant or tax preparer, that person may be able to give you information about the protected person's property. If the protected person has a will, the lawyer who prepared it might have a list of the protected person's property — at least as of the time the will was prepared. Family members may also be a good source of information. You should check the protected person's safe deposit box, which may contain stock certificates, certificates of deposit, and other valuable items. If you do not know whether the protected person has a safe deposit box, ask at the banks where s/he has accounts. When you first open the safe deposit box, you can request that a bank officer go with you and prepare a list of what is inside the box. If the protected person is renting a box with someone else, you should also have that person look at what is inside when you first open it. Items belonging to the protected person should be separated from those belonging to the other person. You may need to search for hiding places to locate valuables. As with income, notify the persons and organizations that possess the protected person's property that you have been appointed by the court; provide them with a copy of your letter of appointment; ask whether they require anything other than a copy of your letter to recognize your authority. If the person or organization refuses to deliver the money or property to you, even after you have met all of their requirements, you may need to start legal proceedings to compel delivery. If you think anyone has concealed, embezzled or improperly sold the protected person's money or property you should ask the court to order the person to appear and be questioned. If the court finds that the person has concealed, embezzled or improperly sold the protected person's money or property, the court will order the person to deliver the property or its value to you. Utah Code Section 75-5-433 . The part of the protected person's estate that you are responsible for does not include money and property held by a trust, Utah Code Section 75-5-418 , but it does include money from a trust once it is paid to the protected person. If you are also the trustee of the trust, you are responsible for the trust, but in a separate capacity. Make an inventory Once you have identified and located the protected person's property, you must make an inventory of it, including the value of the property. There is no rule for how to describe property in the inventory. You will want to be thorough and reasonably detailed, but without too much minutiae. You can combine similar items of personal property into a general description, such as "household furnishings" or "tools" or "camping equipment." List vehicles separately, and, if there are valuable items, such as an expensive antique or piece of machinery, you should list that item separately too. Assets such as bank accounts, mutual funds, and publicly traded stock should be easy to value. You can use the most recent taxable value as determined by the county assessor to estimate the value of real property. For more information and Forms, see our page on Reports Required of the Guardian and Conservator . File the inventory with the court You must file the inventory with the court within 90 days after your appointment. If you discover more property later, file an amended inventory. For more information and Forms, see our page on Reports Required of the Guardian and Conservator . |
Moving the Protected Person to a Different Address or Moving the Guardianship or Conservatorship Case Page Menu Moving the protected person to a different residence. You do not need the court's permission to move the protected person to another residence within Utah, but you must notify the court that you are doing so and provide the court with the protected person's new address. You must also notify the other interested persons. Utah Code Section 75-5-312 . There are no forms to report a change in residence; a letter or email will do. Address it to the clerk of the court that appointed you. Be sure to identify the case number and the protected person's name. Send a copy to the interested persons. You must also notify the court if you move. Rule of Civil Procedure 76 . Unless the court order of guardianship does not allow it, the guardian may choose where the protected person lives, within or outside Utah, giving consideration to the protected person's preference. Utah Code 75-5-301.5 . You do not need the court's permission to move the protected person to another residence within Utah, but you must notify the court that you are doing so and provide the court with the protected person's new address. You must also notify the other interested persons. Utah Code 75-5-312 . There are no forms to report a change in residence; a letter or email will do. Address it to the clerk of the court that appointed you. Be sure to identify the case number and the protected person's name. Send a copy to the interested persons. You must also notify the court if you move. Rule of Civil Procedure 76 . Transferring a guardianship or conservatorship case from one county to another within Utah If the protected person moves from one Utah county to another, you can still keep the guardianship/conservatorship case in the first county. If you for some reason need to move the case to a different county than the one in which the court case is filed (such as to the one the protected person now lives in, or the one you live in), you must ask the court for permission by filing a Motion to Change Venue with the court in which the case is currently filed. A request to change venue is in the form section , below. Utah Code Section 75-5-302 and Section 75-5-403 . Transferring a guardianship or conservatorship from Utah to another state To transfer a guardianship or conservatorship to another state, you must petition the Utah district court for permission. Notice of the petition must be served on the persons who would be entitled to notice of a petition for the appointment of a guardian or conservator. For a list of persons entitled to notice of a petition to appoint a guardian, see Utah Code Section 75-5-309 or our page on Procedure for Appointing a Guardian for an Adult . For a list of persons entitled to notice of a petition to appoint a conservator, see Utah Code Section 75-5-405 or our page on Procedure for Appointing a Conservator for an Adult . The Utah court may hold a hearing and will issue an order provisionally granting the petition to transfer if the court is satisfied that: the guardianship or conservatorship will be accepted by the court in the other state; the protected person is present in or is reasonably expected to move permanently to the other state, or, if the proceeding is a conservatorship, the protected person has a significant connection to the other state; there is no objection to the transfer, or, if there is an objection, the objector has not established that the transfer would be contrary to the interests of the protected person; and plans for care and services in the other state for the protected person are reasonable and sufficient, and arrangements for management of the protected person's property are adequate. The order will direct the guardian or conservator to petition for guardianship or conservatorship in the proper court in other state. The Utah court will issue a final order confirming the transfer and terminating the Utah guardianship or conservatorship upon receipt of both a provisional order from the court of the other state accepting the proceeding and the documents required to terminate the Utah guardianship or conservatorship. Utah Code Section 75-5b-301 . Final accounting If the Utah district court grants a petition to move a guardianship or conservatorship to another state, the conservator — or the guardian if there is no conservator — must file a final accounting with the court. For more information and forms, see our page on Reports Required from the Guardian and Conservator . Transferring a guardianship or conservatorship from another state to Utah To confirm the transfer of a guardianship or conservatorship from another state to Utah, the guardian or conservator must petition the Utah district court to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order transferring the guardianship or conservatorship to Utah. You must give notice of the petition to those who would be entitled to notice under the laws of both the other state and Utah. You will have to refer to the laws of the other state to find out who is entitled to notice under those laws. For a list of persons entitled to notice of a petition to appoint a guardian under Utah law, see Utah Code Section 75-5-309 or our page on Procedure for Appointing a Guardian for an Adult . For a list of persons entitled to notice of a petition to appoint a conservator under Utah law, see Utah Code Section 75-5-405 or our page on Procedure for Appointing a Conservator for an Adult . The notice must be served under Utah law. The protected person must be personally served in a manner permitted by URCP 4 . The protected person's spouse and parents must be personally served in a manner permitted by URCP 4 if they can be found within the state. Others may be served by first class mail or other method permitted by URCP 5 . Proof of service must be filed with the court. For more information and forms, see our page on Serving Papers . If the person to be served cannot be found, they can be served by alternative means. For more information and forms, see our Alternative Service page . The court will hold a hearing if one is requested. The court will issue an order provisionally accepting the guardianship or conservatorship unless: an objection establishes that transferring the proceeding would be contrary to the protected person's interests; or the guardian or conservator is not eligible for appointment. The court will issue a final order accepting the guardianship or conservatorship and appointing the guardian or conservator when it receives from the court from the other state a final order moving the guardianship or conservatorship to Utah. Once appointed by a Utah district court, the guardian or conservator has the same authority and responsibilities as any guardian or conservator appointed by the Utah district court. The Utah district court must determine whether the guardianship or conservatorship needs to be modified to conform to Utah law within 90 days after the final order accepting the guardianship or conservatorship. If the Utah district court does not accept a guardianship or conservatorship from the other state — or if the other state does not have a process for transferring guardianship or conservatorship to another state — the guardian or conservator may petition the court to appoint them in a regular protective proceeding. For more information and forms, see our pages on Procedure for Appointing a Guardian for an Adult or Procedure for Appointing a Conservator for an Adult . Utah Code Section 75-5b-302 . Forms Checklist - PDF | Word 1397XX 1398XX 1399XX |
Court Proceedings After the Appointment of a Guardian or Conservator Page Menu The protected person, guardian or conservator, or any interested person may file papers with the court to ask the judge to assist with the guardianship. Restricted accounts The judge might order that the protected person's money be deposited in a restricted account. A restricted account is one in which the bank will not allow the money to be withdrawn without a court order. To make a withdrawal, the guardian or conservator must first ask the judge for a court order. Getting a court order takes time, so this arrangement works best when the protected person has other money to pay for regular expenses. If the judge does order that the protected person's money be deposited in a restricted account, the guardian or conservator must file an acknowledgement by a bank representative that the bank is aware of the restriction. To withdraw money from the account, the guardian or conservator must file a motion to withdraw funds and serve it on the interested persons. If the judge grants the motion, the guardian or conservator would present the court order to the bank. 1189XX 1192XX 1193XX Motion to change the guardian's or conservator's bond requirements The guardian or conservator, the protected person, or someone interested in the protected person may file a motion to change the guardian's or conservator's bond requirements. For more information on these bonds, see our page on Guardian's and Conservator's Bond . If the court has waived the bond and you think there should be one, or has required a bond in an amount that you think is too high or too low you can ask the judge to order the bond, increase or decrease the amount. There are no approved forms for this particular motion, but for information and general motion forms, see our page on Motions . Motion for instructions from the court The guardian or conservator, the protected person, or someone interested in the protected person may file a petition or motion. Some possible circumstances: Most of the guardian's and conservator's decisions do not have to be approved by the judge, but there are some that do. Or the guardian or conservator might want the extra protection of having a particularly controversial decision approved by an independent authority. You should ask the court for instructions only if the matter is important and the protected person will not be harmed by the delay. There are no approved forms for this particular motion, but for information and general motion forms, see our page on Motions . Motion to change the guardian's or conservator's authority The guardian or conservator, the protected person, or someone interested in the protected person may file a petition or motion. If the protected person's incapacity becomes better or worse, and the guardian and conservator need less or more authority than given in the previous order and letter of appointment, you may ask the judge to change the order and letter to reflect more appropriate authority. There are no approved forms for this particular motion, but for information and general motion forms, see our page on Motions . If the protected person has regained capacity and no longer needs a guardian and conservator, see our page on Ending a Guardianship or Conservatorship . Motion to enforce the guardianship order If the guardian is not allowing the protected person to associate with a relative or qualified acquaintance the protected person, their relative, or a qualified acquaintance may ask the court to enforce the Guardianship Order or to impose sanctions. A qualified acquaintance is an individual, other than a relative of the protected person, who has established a significant, mutual friendship with the protected person or is clergy in the protected person’s religion or religious congregation. The person asking the court to enforce the Guardianship Order or to impose sanctions may do this by filing a Motion to Order to Enforce Order . If the guardian or conservator has harmed the protected person, the judge can impose a penalty against the guardian or conservator. The harm might have been physical, emotional or financial. The penalty might be an order to pay money to the protected person or perform some other service. Or, they can ask the court to remove the guardian or conservator and appoint a new one. The guardian or conservator, the protected person, or someone interested in the protected person may file a Motion to Review, Terminate, or Remove Guardian or Conservator . |
Ending a Guardianship or Conservatorship Because the Protected Person has Died or No Longer Needs It Page Menu The guardianship or conservatorship case can be ended (closed) if the protected person has died or no longer needs a guardian/conservator. The protected person has died If the protected person dies, notify the court and interested persons immediately and file a copy of the death certificate with the court. The conservator must also: deliver the protected person's will to the court and inform the executor or a beneficiary named in the will that you have done so; continue to pay the protected person's obligations and protect the estate from harm; and deliver the balance of the estate to the protected person's personal representative or to others who are entitled to it. The conservator may ask the court to allow him or her to administer and distribute the estate without being appointed as the protected person's personal representative, but only if at least 40 days has passed from the protected person's death and no other person has applied to be appointed personal representative. Utah Code Section 75-5-425 . If the court appoints a personal representative other than the conservator, the personal representative will take over management of the estate. Usually the protected person's next-of-kin will make funeral arrangements and arrangements for burial, cremation or donation of the body. If there are no relatives to make these arrangements, and the protected person has not made arrangements during his or her lifetime, the guardian or conservator may do so. Try to determine the decisions that the protected person would have made. Look at the protected person's will or any other documents that might show the protected person's preferences. Talk with the protected person's family. Consider the beliefs and customs of the protected person's religious or spiritual community. The guardian or conservator should file a motion with the court to ask the court to terminate the guardianship or conservatorship and should also file with the court the Final Accounting Report, sending copies of both to the interested parties. The forms on this webpage can be used for the motion: Motion to Review, Terminate, or Remove Guardian or Conservator . The protected person no longer needs a guardian or conservator The protected person or anyone interested in the protected person's welfare may file a motion or letter with the court asking that the court terminate (end) the guardianship because the protected person has regained capacity. Anyone who knowingly interferes with this request may be guilty of contempt of court. If the order appointing the guardian specifies a minimum period during which no one is permitted to claim that the protected person is not incapacitated, the person who wants to file the motion or letter will first have to ask the court for permission to do so. The minimum period can be up to one year. The court will follow the same procedures to safeguard the protected person's rights as provided in Utah Code Section 75-5-303 . Since the protected person's incapacity is at issue, the court is required to appoint an attorney to represent the protected person. If the protected person does not have an attorney of their own choice, the court will appoint an attorney from the Guardianship Signature Program . Utah Code Section 75-5-307 . A request to terminate the guardianship may be made by filing a Motion to Review, Terminate, or Remove Guardian or Conservator . Request to terminate a conservatorship The protected person, the protected person's personal representative or conservator, or any other interested person may also file a request to terminate the conservatorship because the protected person has died or no longer needs it. The court will follow the same procedures to safeguard the protected person's rights as provided in Utah Code Section 75-5-407 . Utah Code Section 75-5-430 . A request to terminate the guardianship may be made by filing a Motion to Review, Terminate, or Remove Guardian or Conservator . Final accounting If the court terminates the guardianship or conservatorship, the conservator — or the guardian if there is no conservator — must file a final accounting with the court. For more information and forms, see our page on Reports Required from the Guardian and Conservator . Forms Checklist - PDF | Word 1383XX 1384XX 1385XX |
Procedure for Appointing a Guardian for an Adult Page Menu Definition of incapacity Incapacity is a judge's decision, not a doctor's decision, although medical information is important to help the judge decide whether a person is legally incapacitated. Incapacity is measured by the respondent's functional limitations and it means that the respondent's ability to: receive and evaluate information; or make and communicate decisions; or provide for necessities such as food, shelter, clothing, health care, or safety is impaired to the extent that s/he lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. To prove that the respondent is incapacitated, the petitioner must prove these things by clear and convincing evidence. Procedure for appointing a guardian Summary of Guardianship Proceedings - PDF This is a general description of the most common procedures, but some procedures may vary from court to court. And the judge may require procedures not described here based on the circumstances of a case. Petition to appoint a guardian Any adult may file the petition. The petitioner may request that s/he or someone else be appointed guardian. The petitioner must file the petition in the county in which the respondent resides or is present. Are you filing in Utah County? If yes, you must file your papers with the Provo Courthouse. Deliver your papers to the courthouse or email them to ProvoFiling@utcourts.gov. There is a filing fee, but the fee can be waived. For more information, see our pages on Filing Procedures , Fees , and Fee Waiver . Service of the petition and notice of hearing Who must be served and how they must be served are governed by Utah Code Section 75-5-309 and Section 75-1-401 . The petitioner must serve the petition and notice of the hearing on: the respondent; the respondent's spouse, parents, and adult children; the respondent's closest adult relative if respondent's spouse, parents, and adult children cannot be found; the respondent's guardian, conservator, caregiver and custodian; the person nominated as guardian by the respondent or by the respondent's parent, spouse, or caregiver; the respondent's heathcare decision making agent; the respondent's agent under a power of attorney; Adult Protective Services if APS has received a referral concerning the welfare of the respondent, or of the guardian or proposed guardian; and any other interested person. The respondent must be personally served in a manner permitted by URCP 4 . The respondent's spouse and parents must be personally served in a manner permitted by URCP 4 if they can be found within the state. The others listed may be served by first class mail or other method permitted by URCP 5 . Proof of service must be filed with the court. For more information and forms, see our page on Serving Papers . If the person to be served cannot be found, they can be served by alternative means. For more information and forms, see our page on Alternative Service . Objecting to the petition Any person served with notice of a guardianship petition may object. This can be done by filing a written objection before the hearing, or raising the objection at the hearing orally. An oral objection must be followed up with a written objection within 7 days. An objection form is available in the Forms section below. If an oral objection is made but there is no written objection within 7 days the petitioner can ask the court to proceed with the original petition by filing a Request to Submit for Decision. If a party files an objection in a guardianship, conservatorship or other probate case, the parties must attend mediation to try to resolve the issues before the case can move forward. Code of Judicial Administration Rule 6-506 . See the Alternative Dispute Resolution in Probate Cases web page for more information. If an objection is filed in a guardianship, conservatorship or other probate case, the parties must share certain information with each other. See the Initial Disclosures web page for more information about the requirements. Lawyer for the respondent Utah law requires that the respondent be represented by a lawyer except in limited circumstances. The respondent's lawyer represents the respondent in the traditional sense as an advocate for the respondent. If the respondent has not chosen a lawyer, the court must appoint one. The court may need to continue the hearing until the respondent has a lawyer. The respondent will usually have to pay for the lawyer unless the petition is without merit or if the respondent and the respondent's parents are indigent. Some lawyers have volunteered to represent respondents in guardianship proceedings through the Guardianship Signature Program . The petitioner or respondent may request a lawyer under this program. To request a lawyer under this program, complete a Request to Appoint an Attorney to Represent the Respondent and an Order , found in the Forms section below. According to Utah Code Section 75-5-303(5)(d) , the court may waive the requirement of a lawyer for the respondent if: the respondent is the biological or adopted child of the petitioner; the value of the respondent’s entire estate does not exceed $20,000 as established by the petitioner’s affidavit in accordance with Utah Code Section 75-3-1201 ; the respondent appears in court with the petitioner; the respondent is given the opportunity to communicate, to the extent possible, his or her acceptance of the appointment of petitioner, the court has tried to appoint an attorney for 60 days, but no attorney from the court's list of attorneys who have volunteered to represent respondents is able to provide counsel, the court is satisfied that counsel is not necessary to protect the respondent's interests, and the court appoints a visitor as described in Utah Code Section 75-5-303(4) . The Petitioner's Affidavit of the Value of Respondent's Estate is available in the Forms section Examination of the respondent The court may direct that the respondent be examined by a physician. The petitioner, respondent or any interested person may request that the respondent be examined. Court visitor Utah law requires the respondent to attend the hearing. If it is proposed that the respondent be excused from attending the hearing, the court must appoint a court visitor to investigate the ability of the respondent to appear unless there is clear and convincing evidence from a physician that the respondent has fourth stage Alzheimer's disease, extended coma, or an intellectual disability with an intelligence quotient score under 25. Also, Utah law requires the respondent to have an attorney unless specific requirements of Utah Code Section 75-5-303(5)(d) are met. One of these requirements is to appoint a court visitor. A visitor is a special appointee of the court with no personal interest in the proceedings. The petitioner, respondent or any interested person may request that a visitor be appointed. The court may appoint a visitor on its own initiative. For more information about court visitors and volunteering to serve as a court visitor, see our page on Court Visitor Program . Mediation If someone objects, the court might require the parties to mediate their dispute before proceeding to trial. For more information, see our page on Alternative Dispute Resolution In Probate . Hearing The court will set a date for a hearing when the petition is filed. This hearing is not a trial with testimony by witnesses, although the judge may ask questions. The judge will consider: whether the petitioner has the necessary claims and proof; whether proper notice of the petition and hearing has been given; whether the respondent is present or has been excused from attending the hearing; whether there is a need to appoint a court visitor; whether there is a need to appoint a lawyer to represent the respondent; whether the necessary documents have been filed; whether the proposed guardian is willing to serve; whether the proposed guardian is required to take the guardianship test and file the declaration of completion of testing; and whether there are any objections. Unless someone objects to the petition, the judge will appoint the guardian at the hearing. If there is an objection, the case will be referred to mediation or set for trial at which the petitioner will have to prove the claims made in the petition. For more information about how to present yourself at the hearing, see our page on Going to Court . Evidence of incapacity The petitioner must prove that the respondent is incapacitated by clear and convincing evidence. That means the evidence must leave no serious doubt that the respondent's ability to: receive and evaluate information; or make and communicate decisions; or provide for necessities such as food, shelter, clothing, health care, or safety is impaired to the extent that s/he lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Even if no one objects to the appointment of the guardian, the petitioner must prove incapacity by clear and convincing evidence. The petitioner should include with the petition (or file before the hearing) affidavits or statements showing clear and convincing evidence of incapacity. Examples include statements of any witnesses who are familiar with the respondent and/or evaluations by respondent's physician. The judge may ask the petitioner to proffer clear and convincing evidence that the respondent is incapacitated. Proffering evidence means that the party can tell the judge in narrative form the facts showing incapacity. If someone objects and the case goes to trial, the petitioner will have to present testimony or other clear and convincing evidence of incapacity. Evidence of need for authority The petitioner must also present evidence about what authority the guardian should have. For a description of what authority the guardian might need, see the section on Guardian's authority . The petitioner must present evidence that the guardian's authority to make decisions in specific areas is necessary or desirable as a means of providing continuing care and supervision for the respondent. The court's order will limit the guardian's authority to these areas. If the petitioner is seeking plenary or full authority, the petitioner must prove that no alternative exists and that nothing less than a full guardianship is adequate. The petitioner must also present evidence about what authority the guardian should have. For a description of what authority the guardian might need, see the section on Guardian's authority . The petitioner must present evidence that the guardian's authority to make decisions in specific areas is necessary or desirable as a means of providing continuing care and supervision for the respondent. The court's order will limit the guardian's authority to these areas. If the petitioner is seeking plenary or full authority, the petitioner must prove that no alternative exists and that nothing less than a full guardianship is adequate. The protected person retains decision making authority not given to the guardian. See our page on The Protected Person’s Rights . Pre-appointment test Utah Code of Judicial Administration 6-501 requires that, before a person can be appointed as guardian, the person must take a test about their authority and responsibilities and file a Certificate of Completion with the court. The test is not meant to screen anyone out of their role as guardian; it is meant to reinforce some of the responsibilities of the office. It is permitted to complete the test before appointment and file the form with the petition. For more information and forms, see our page on Guardianship and Conservatorship Pre-appointment Tests . Order and letter of guardianship If the court is satisfied that the respondent is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the respondent, the court will appoint a guardian. The guardian's authority will be limited unless nothing less than a full guardianship is adequate. The court's order will include the guardian's authority, and the letter of guardianship will conform to the order. The letter shows the guardian's authority to make decisions for the protected person. The guardian will need to provide a copy of the letter to third parties, for example, the protected person's healthcare provider. The guardian should have the court certify at least one copy of the letter. Additional certified copies are available upon request and payment of the required fee. Serving as a Guardian There is information for guardians on the Guardianship and Conservatorship Home Page . Reporting Requirements Court-appointed guardians and conservators must file an initial inventory within 90 days after being appointed. Each year the guardian and conservator must file status reports and financial accountings unless the court changes the reporting period and/or the frequency of the reports. If you are the parent of the protected person or appointed as a co-guardian with a parent of the protected person, you do not have to file the reports. See our page on Reports Required from the Guardian and Conservator . Forms Some forms may not apply in all cases. Forms to appoint a guardian for an adult Use OCAP , the Online Court Assistance Program to prepare all the documents needed to ask for a guardianship of an adult. 1158XX 1206XX 1160XX Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to the Respondent) - PDF | Word Notice of Hearing, Rights and Adverse Consequences of a Guardianship (Notice to Interested Persons) - PDF | Word 1207XX (Used if the specific requirements described in the Lawyer for the respondent section have been met) Proof of Service Witness Affidavit - PDF | Word 1208XX 1209XX Forms for Guardianship and Conservatorship Pre-appointment Test 1000PR 1210XX 1212XX 1211XX 1213XX 1214XX 1184XX Forms to appoint an attorney to represent the respondent Checklist - PDF | Word 1215XX 1216XX Forms to assign a court visitor 1217XX Forms to appoint an examiner Checklist - PDF | Word 1218XX 1219XX 1208XX Instructions to the Evaluator - PDF | Word Forms to object to the petition Checklist - PDF | Word 1220XX Going to trial 1251GE 1260GE |
Procedure for Appointing a Conservator for an Adult Page Menu The information and forms on this page are for the appointment of a private individual as conservator for an adult. The information and forms do not satisfy the requirements for appointing a business trust as conservator or appointing a conservator for a minor. See our page on Conservatorship of a Minor . Reasons for appointing a conservator A conservator may be appointed only if the respondent is unable to manage her or his property and affairs effectively because of: mental illness; mental deficiency; physical illness; physical disability; advanced age; chronic use of drugs; chronic intoxication; confinement; detention by a foreign power; disappearance; or some other cause. Further, the respondent's property must be at risk of being harmed unless proper management is provided, or funds are needed for the support, care, and welfare of the respondent or those entitled to be supported by the respondent and protection is necessary or desirable to obtain or provide funds. The petitioner must be able to prove these things by a preponderance of the evidence . Procedure for appointing a conservator This is a general description of the most common procedures, but some procedures may vary from court to court. And the judge may require procedures not described here based on the circumstances of a case. Petition to appoint a conservator Any adult person who is interested in the respondent's estate, affairs, or welfare may file the petition. The petitioner may request that s/he or someone else be appointed conservator. The petitioner must file the petition in the county in which the respondent resides or, if the respondent does not reside in Utah, in the county in which the respondent has property. Are you filing in Utah County? If yes, you must file your papers with the Provo Courthouse. Deliver your papers to the courthouse or email them to ProvoFiling@utcourts.gov. There is a filing fee, but the fee can be waived. For more information, see our pages on Filing Procedures , Fees , and Fee Waiver . Service of the notice of hearing Who must be served and how they must be served are governed by Section 75-5-405 , Section 75-5-406 and Section 75-1-401 . The petitioner must serve the notice of the hearing on the respondent and the respondent's spouse. If the respondent is not married, the petitioner must serve the notice of the hearing on the respondent and the respondent's parents. The respondent, and respondent's spouse and parents must be personally served in a manner permitted by URCP 4 if they are in Utah. If they are not in Utah, they can be served by first class mail or other method permitted by URCP 5 . The petitioner must also serve the notice of the hearing on any interested person who has requested service under Section 75-5-406 . The documents can be served by first class mail or other method permitted by URCP 5 . The petitioner must also serve the notice of the hearing on any interested person ordered by the court to be served. The documents can be served by first class mail or other method permitted by URCP 5 . Proof of service must be filed with the court. For more information and forms, see our page on Serving Papers . If the person to be served cannot be found, they can be served by alternative means. For more information and forms, see our Alternative Service page . Objecting to the petition Any person served with notice of a conservatorship petition may object. This can be done by filing a written objection before the hearing, or raising the objection at the hearing orally. An oral objection must be followed up with a written objection within 7 days. An objection form is available in the Forms section below. If an oral objection is made but there is no written objection within 7 days the petitioner can ask the court to proceed with the original petition by filing a Request to Submit for Decision. If a party files an objection in a guardianship, conservatorship or other probate case, the parties must attend mediation to try to resolve the issues before the case can move forward. Code of Judicial Administration Rule 6-506 . See the Alternative Dispute Resolution in Probate Cases web page for more information. If an objection is filed in a guardianship, conservatorship or other probate case, the parties must share certain information with each other. See the Initial Disclosures web page for more information about the requirements. Lawyer for the respondent The respondent has the right to be represented by a lawyer of his or her choice. If the respondent is not represented, the court is permitted but not required to appoint a lawyer. The petitioner, respondent or any interested person may request that the court appoint a lawyer. Examination of the respondent If the basis for the appointment is claimed to be mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the respondent be examined by a physician. The petitioner, respondent or any interested person may request that the respondent be examined. Court visitor The court may also assign a court visitor. A visitor is a special appointee of the court with no personal interest in the proceedings. The petitioner, respondent or any interested person may request that a visitor be assigned. The court may assign a visitor on its own initiative. For more information about court visitors and volunteering to serve as a court visitor, see our page on Court Visitor Program . Mediation If someone objects, the court might require the parties to mediate their dispute before proceeding to trial. For more information, see our page on Alternative Dispute Resolution In Probate . Hearing The court will set a date for a hearing when the petition is filed. This hearing is not a trial with testimony by witnesses, although the judge may ask questions. The judge will consider: whether the petitioner has the necessary claims and proof; whether proper notice of the petition and hearing has been given; whether there is a need to appoint a court visitor; whether there is a need to appoint a lawyer to represent the respondent; whether the necessary documents have been filed; whether the proposed conservator is willing to serve; whether the proposed conservator is required to take the conservatorship test and file the declaration of completion of testing; and whether there are any objections. Unless someone objects to the petition, the judge will appoint the conservator at the hearing. If there is an objection, the case will be referred to mediation or set for trial at which the petitioner will have to prove the claims made in the petition. For more information about how to present yourself at the hearing, see our page on Going to Court . Pre-appointment test Utah Code of Judicial Administration 6-501 requires that, before a person can be appointed as conservator, the person must take a test about their authority and responsibilities and file a Certificate of Completion with the court. The test is not meant to screen anyone out of their role as conservator; it is meant to reinforce some of the responsibilities of the office. It is permitted to complete the test before appointment and file the form with the petition. For more information and forms, see our page on Guardianship and Conservatorship Pre-appointment Tests . Order and letter of conservatorship If the court is satisfied that there is a basis for making the appointment, the court will enter an order appointing a conservator and issue a letter of conservatorship that will conform to the order. The letter shows the conservator's authority to make decisions about the protected person's property. The conservator will need to provide a copy of the letter to third parties, for example, the protected person's bank. The conservator should have the court certify at least one copy of the letter. Additional certified copies are available upon request and payment of the required fee. Serving as a Conservator See information for conservators on the Guardianship and Conservatorship Home Page . Reporting Requirements Court-appointed conservators must file an initial inventory within 90 days after being appointed. Each year the conservator must file financial accountings unless the court changes the reporting period and/or the frequency of the reports. If you are the parent of the protected person or appointed as a co-guardian with a parent of the protected person, you do not have to file the reports. See our page on R eports Required from the Guardian and Conservator . Forms Some forms may not apply in all cases. Forms to appoint a conservator Checklist - PDF | Word 1158XX 1221XX Schedule A - people who must be served with the petition and notice of hearing - PDF | Word 1222XX Proof of Service Witness Affidavit - PDF | Word 1208XX 1220XX 1000PR 1223XX 1224XX Forms for Guardianship and Conservatorship Pre-appointment Test 1211XX 1227XX 1184XX Forms to request notice Checklist - PDF | Word 1228XX Forms to appoint an attorney to represent the respondent Checklist - PDF | Word 1215XX 1229XX Forms to assign a court visitor Checklist - PDF | Word Request to Assign a Court Visitor - PDF | Word Forms to appoint an examiner Checklist - PDF | Word 1218XX 1219XX 1208XX Instructions to the Evaluator - PDF | Word Forms to object to the petition Checklist - PDF | Word 1220XX Going to trial 1251GE 1260GE |
Juvenile Court MyCase (Access your case online) Page Menu Related Information Juvenile Courts Information District and Justice Court MyCase Utah State Court Directory Login to Juvenile MyCase What is Juvenile MyCase? Juvenile MyCase is an online system where you can access your Juvenile Court case information. There is no cost to use this service. To log in, you will need your court case number and a court issued PIN number. To obtain a PIN number, visit or call your local juvenile court or contact the juvenile court probation officer assigned to the case. Your court location and probation officer information can be found HERE . You can use Juvenile MyCase to: See your case history (a record of what has happened in your case) Pay fines and fees View other obligations View upcoming hearings Who can use Juvenile MyCase? Juvenile MyCase is only for parents/guardians and minors involved in Juvenile Court. Each individual will be provided a unique pin number to access their case. When contacting the court, please specify who will be using Juvenile MyCase so that a unique pin may be generated. Juvenile MyCase is NOT for: Businesses Lawyers – they should use CARE to access case information. Victims Foster parents Other relatives |
Utah's Court Improvement Program Page Menu Related Links National Center for State Courts National Council for Juvenile and Family Court Judges ABA Center for Children and the Law Utah Division of Child and Family Services CIP Community of Practice National Children's Advocacy Center Parental Defense Alliance of Utah Office of Guardian ad Litem Office of Attorney General- Child Protection Children's Justice Centers Utah Bar Association About Utah's Court Improvement Program The Court Improvement Program (CIP) was created as part of the Omnibus and Reconciliation Act of 1993, Public Law 103-55. CIP is administered by the U. S. Department of Health and Human Services, Administration for Children, Youth and Families. CIP provides funding and guidance to state court systems to develop and implement plans for improvement in the management of child welfare cases. The Administrative Office of the Utah State Courts administers three CIP grants in accordance with federal guidelines and requirements. The basic CIP grant program was expanded in 2006, adding components for training and data collection and analysis. Utah's CIP is governed by the Court Improvement Program Committee and its executive committee, the Statewide Table of Six. From its inception, CIP has made measurable improvements in Utah's child welfare system, including: Model child welfare court programs CARE/SAFE Interface Statewide and regional cross-discipline trainings Expedited child welfare appeals Dually-Involved Youth Education of Children in State's Care Indian Child Welfare Kinship Training Resources American Indian Strengthening Families Program - PowerPoint Anyone You Want Me to Be - PowerPoint Children in the Courtroom - PowerPoint Communication Tools to Help You Tap into Their Story - PowerPoint Courtroom Etiquette - Video | MP3 Audio Drug Testing 101 (Gwen McMillin Ph.D) - PowerPoint Dual-Adjudication Youth - PDF Father Involvement - PDF Health Implications for Drug Endangered Children - PDF Hearing Quality Training Impact of Opiods on Children - PDF Pharmaceutical Awareness - PDF State of Utah's Children in Care - PowerPoint The Good and Bad Adoptions - PowerPoint The Health of Children in Utah's Child Welfare System - PowerPoint Uniform Child Custody Jurisdiction and Enforcement Act - PowerPoint | MP3 Audio Webinars Immigration Building Blocks & Issue Spotting Immigration Relief for Survivors of Domestic Violence (12/08/2023) - Video Resources and Strategies to Support Kinship Placements (10/20/2023) - Video Supporting Children with Immigration Needs: Basic Terms & Considerations (9/22/2023) - Video Utah Core Principles & Guiding Practices: Kinship Culture (8/26/2023) - Video Court Improvement Summit 2022 Court Improvement Summit 2020 Court Improvement Summit 2018 Court Improvement Summit 2016 Court Improvement Summit 2014 Court Improvement Summit 2012 Court Improvement Summit Indian Child Welfare Resources Indian Child Welfare Act of 1978 - PDF ICWA Regulations - Final Rule, effective 12/12/2016 - PDF Solicitor's Memorandum: Implementation of the Indian Child Welfare Act by Legislative Rule, dated 06/08/2016. "This Memorandum identifies the authority for the promulgation of the Department of the Interior's ("Department's") Indian Child Welfare Act ("ICWA" or "the Act") final rule." - PDF Guidelines for State Courts and Agencies in Indian Child Custody Proceedings, effective December 2016 - PDF BIA Designated Tribal Agents for Service of Notice, effective 03/08/2017 - PDF CIP ICWA Guide - PDF 2017 NCJFCJ ICWA Judicial Benchbook - PDF Utah Indian Child Welfare Conferences 2018 Utah Indian Child Welfare Conference 2016 Utah Indian Child Welfare Conference 2017 Utah Indian Child Welfare Conference Parent Videos These videos tell the story of three brave parents and how they overcame many obstacles to get their kids back. The goal of the videos is to show parents what to expect during their child welfare case in court. We also hope to inspire parents to reunify with their children. Navigating Your Child Welfare Case A Guide for Parents Involved in the Utah Juvenile Court System (English) - YouTube Cómo actuar cuando se tiene un caso de bienestar de menores (Spanish subtitles) - YouTube A Collaborative Approach in Court - YouTube Kinship Placement - YouTube Mediation - YouTube The Child and Family Plan - YouTube The videos were produced by the Court Improvement Program in partnership with the Parental Defense Alliance of Utah. Navigating the Juvenile Court - Delinquencies Navigating the Juvenile Court - Delinquencies - YouTube Navigating the Juvenile Court - Delinquencies (Español) - YouTube Contact Information Annie Valdez CIP Program Director 450 South State Street Salt Lake City, UT 84111 (801) 578-3939 |
Evidence Based Practices in Utah Juvenile Court Page Menu Overview Welcome to the Utah Juvenile Court Evidence-Based Practices (EBP) Website. Since 1998, the Utah Juvenile Court and the Utah Division of Juvenile Justice Services (JJS) have collaborated to improve practices in working with delinquent youth by implementing evidence-based practices (EBP). The goal of this continuing process is to incorporate EBP into each component of the system and into each step of working with delinquent youth.This webpage provides an overview of evidence-based practices and resources utilized by the Utah Juvenile Court and the Utah Division of Juvenile Justice Services (JJS). Detailed information on the use of risk assessments, the case planning model, probation officer career track, implementation time lines, and program evaluation process are available on this page. Additionally, the webpage includes electronic copies of the abbreviated and extended versions of the Case Planning Toolkit. Additional components of the web page are currently under construction and should be available by March 2014. EBP Timeline Utah EBP Timeline - PDF Risk Assessments Utilizing Risk Assessment - PDF Probation Supervision Case Plan Probation Case Plan - PDF Training Check Back Soon. EBP and Probation Officer (PO) Career Track Juvenile probation chiefs, supervisors, and officers in Utah are highly trained experts with extensive experience and education who are focused on assisting youth and families in changing behaviors. In Utah, 22.4% of juvenile probation workers have a Master's Degree or higher and all have a Bachelor's degree. On average, juvenile probation workers have 11.6 years of experience and 18% are bilingual or multilingual. In addition, juvenile probation chiefs, supervisors, and officers receive extensive initial and ongoing training. Please see the career track documents below for additional information. PO Career Track Guidelines and Instructions - PDF PO Career Track - PDF PO Career Track Table - PDF Implementation and Quality Assurance EBP Implementation Implementing Evidence Based Practices in Utah - PDF Models For Change Guidebook for Risk Assessment Implementation - PDF Models For Change Appendices - PDF QA Process - Check Back Soon Example QAP - Check Back Soon Program Fidelity Implementing a Program Evaluation Process - PDF Utah Correctional Program Checklist (CPC) Overview - PDF CPC Web-based Program Assessment Tool - PDF Example CPC Program Evaluation Report - PDF EBP Frequently Asked Questions Check Back Soon. Resources The Achilles Heel of Evidence-Based Practices authored by W.D. Burrell. Available at: www.napehome.org Guide for Implementing the Balanced and Restorative Justice Model from the Office of JuvenileJustice and Delinquency Prevention, Department of Justice (OJJDP). Available at: http://www.ojjdp.gov/pubs/implementing/intro.html Overview of Motivational Interviewing. - PDF Rehabilitating Criminal Justice Policy & Practice authored by D.A. Andrews & J. Bonta inPsychology, Public Policy, and Law, Vol. 16 (No. 1), 39-55. - PDF |
FAQ's About Juveniles and Juvenile Court Page Menu What can I do if my child is ungovernable or a runaway? Anyone under the age of eighteen who does not comply with a reasonable request of their parent or leaves home without parental consent is considered ungovernable or a runaway. The Division of Child & Family Services or other agency such as Youth Services within your county or district can provide crisis intervention for families, which includes temporary shelters. What do I do if my child no longer wants to attend school? Utah law requires youth to attend school until the age of eighteen. Only a District Board of Education can release your child from school. If persistent efforts by parent(s) and school officials fail, a referral can be made to the Juvenile Court by the school district. Can my child be emancipated? Utah has an emancipation law which allows minors 16 and older to petition the juvenile court for emancipation. In order to grant emancipation, a court must find that the minor has the ability and capacity to manage his or her own affairs and to live independently from his or her parents or guardian. Once a minor is emancipated, parents are not held accountable for the child's welfare. Parents cannot be emancipated from their child; only the child may petition for emancipation. Emancipation forms are available on the court's website. Are parents responsible for their children's criminal behavior? Generally parents are not responsible for their child's criminal behavior. However, if the parents in any way participated in or contributed to the child's delinquent behaviors they can be held liable "as a party" for the criminal offense. Parents are responsible for monetary care when their child is placed in a juvenile justice program. Can a juvenile be tried in adult court? There are several circumstances under which a juvenile may be tried in adult court. These include cases where the juvenile is fourteen years or older and has been charged with a serious felony. Do parents have to attend court hearings? The Court requires that a parent or guardian appear at all court hearings. Parents or guardians may be held in contempt for failure to attend court hearings. Who can visit the detention center? The detention facility in your county or district is operated by the State or a private contractor, and visitation rights may vary. Only parents or guardians can visit the detention center; all others must be approved by the Court. What can the courts require of parents? The court may order the parent or guardian who has been a party to the proceedings to comply with reasonable conditions. Generally, this means that in addition to appearing at all court proceedings, parents should make every effort to provide transportation and other forms of support so that the juvenile is able to fulfill the terms of the agreement with the court. In some cases, parents may be expected to take classes with the juvenile. Assessing the role and responsibilities of parents will be made by evaluating the information compiled during the preliminary inquiry. The court will typically discourage parents from paying fines so that the juvenile may better appreciate the consequences of their actions. Where do juveniles pay fines and submit their community service hours? Parents and children must sign the community service hour sheet prior to submitting it to the Court. All fine payments can be mailed, but only as checks or money orders. All owing obligations are to be mailed or paid in person at the Court. Can community service hours be done at home? Community service hours may not be done at home. Parents or children may not receive money, compensation, or benefits for any services. Possible sites for working off community service hours include not-for-profit agencies, schools, parks, libraries, hospitals, substance abuse programs, homeless shelters, and nursing homes. How are driving privileges reinstated? Procedure for reinstatement of driving privileges is processed by the Court and the Department of Public Safety. Depending on what was ordered by the Court, the Department of Public Safety will review your driving history and convictions. A letter will be sent to you outlining what type of action is being taken, such as denial, suspension, or revocation. What happens to the juvenile record? While in contact with juvenile court, the juvenile will basically have two types of records: legal and social. The legal records document the juvenile's actions within the court and are accessible by law enforcement agencies, treatment facilities, the courts, attorneys, and the public if the juvenile is 14 or older and charged with a felony offense. The social records will contain information pertaining to probation officer records, psychological evaluations and treatment performance. These records are only open if a judge releases them. The juvenile's records will be kept until the juvenile is 28 years old. After the juvenile turns 28, the records are kept on an electronic medium. These records will not be automatically expunged. What is the process for expunging a juvenile record? In order to have a juvenile record expunged, one year must have elapsed since the Juvenile Court has terminated jurisdiction over the juvenile. All fines, fees and restitution must have been paid and the juvenile must not have an adult criminal record within one year's time. Expungement forms are available on the court's website. |
Glossary of Legal Terms Related Information Background Before Court: What Happens? Arraignment & Trial: What to Expect After Court: Dispositional Hearing Frequently Asked Questions Glossary of Legal Terms used in Juvenile Court Juvenile Court Brochure - PDF Los Tribunales de Menores de Utah - PDF Adjudication : Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court. Arraignment : The first hearing after a petition has been filed. The juvenile will be asked whether the charges brought against him or her are true or false and to enter a plea accordingly. Arraignment Waiver : A form which will allow the juvenile to bypass the arraignment and proceed to the pretrial. Citation : An abbreviated referral issued by law enforcement requiring the juvenile to appear on a particular day to answer to a specific charge. Contempt of court : Any act involving disrespect to the court or failure to obey its rules or orders. Contempt of court carries a maximum of 30 days in jail or detention. Delinquency : The commission of an illegal act by a juvenile. Dispositional Report : A written report relating to the child's mental, physical, and social history, submitted by the juvenile probation department or other designated agency to assist the judge in determining a proper disposition. Expungement : A court order allowing the destruction or sealing of records after the passage of a specified period of time or when the person reaches a specified age and has not committed another offense. Felony : A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree. Guardian Ad Litem : A lawyer appointed by a court to represent the "best interests of the child" or incompetent person during court proceedings. Hearing : A formal proceeding with definite issues of law or of fact to be heard. Intake officer : A probation officer employed by the court. The officer will evaluate whether a child should appear before a juvenile judge or be sentenced nonjudicially. Misdemeanor : A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Non-judicial Agreement : A written agreement between your child, the child's parent, and the intake officer. It will stipulate that no petition be filed with the court if your child admits to the charges and complies with the terms of the agreement. Order to Show Cause : Court order requiring a party to appear and show cause why the court should not take a particular course of action. If a party fails to obey a court order (like going to counseling or submitting to a UA (urinalysis), the court may ask the party to explain why the court order was not obeyed, and to impose punishment. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. Petition : A civil pleading filed to initiate a matter in Juvenile Court, setting forth the alleged grounds for the court to take jurisdiction of the case and asking the court to do so and intervene. Plea : The defendant's formal response to a criminal charge. Plea in Abeyance : If you plead in abeyance, your admission is put on hold while you complete the requirements ordered by the Judge. Upon completion of these terms, the guilty plea is withdrawn and the charges are dismissed. Plea Bargain : A situation whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation. Preliminary Inquiry : An investigation and study conducted by the probation department upon receiving a referral to determine whether further action should be taken. Probation : A sentence releasing a juvenile into the community or a treatment facility under the supervision of a probation officer, requiring compliance with certain conditions. Referral : A written report submitted by a law enforcement officer or other person who has reason to believe a juvenile has committed a crime that would place the child within the jurisdiction of the Juvenile Court. Restitution : Court-ordered payment to restore goods or money to the victim of a crime by the offender. Status Offense : Misbehavior which would not be criminal if committed by an adult (e.g., truancy, runaway, etc.), but is defined as an offense when committed by a minor because of the minor's status. |
Waiver of Consent To Abortion Page Menu Overview The U.S. Supreme Court recently ruled that there is not a right to abortion under the U.S. constitution. There is a lawsuit pending about how this will affect abortion law in Utah. Contact the Self-Help Center , Utah Judicial Bypass , or see our Finding Legal Help page if you have questions about the law. If you are pregnant, to get an abortion, you must get written permission (consent) from one of your parents or legal guardians if you are: Under 18 and Not married If you can't get consent or don't want to, you can ask the court to waive consent. This page explains how to ask a juvenile court judge to authorize an abortion without parental consent. The proceedings are confidential. No information about you or your petition will be available to the public. There is no cost for this. Utah Code 76-7-304.5 Filing the petition Complete the form Petition for Waiver of Consent by Parent or Legal Guardian to Minor's Abortion. All forms are available in the forms section below. File the Petition with a clerk of the juvenile court. You may file the petition in any county. Be sure to include some way for the court to contact you. The court will contact you at the email address or phone number you include in your petition. If you file the petition in person, you must do so at the office of a clerk of the juvenile court. The court directory has a list of court locations. After you file the petition, the clerk will ask you to wait while the file is opened and a hearing date is scheduled. Call the clerk of the juvenile court if you do not receive a Notice of Hearing within 48 hours of filing the petition. Right to a lawyer You have the right to be represented by a lawyer. This is free. If you are not represented by a lawyer, the court may appoint someone to help you. This could be a: lawyer or guardian ad litem (someone who is required to represent your best interests) to help you. If possible, the clerk will tell you while you are waiting for the file to be opened of the name, address, and telephone number of your lawyer or guardian ad litem. That lawyer will represent you at the hearing and on any further appeal, if required. The Hearing The clerk will schedule a hearing when you file your petition. The hearing must be scheduled within: three calendar days or two business days (whichever is longer) This time does not include weekends and holidays. The clerk will give you a notice with information about the time and date of the hearing as soon as possible. Be sure to attend the hearing. If you don't attend your petition could be denied. At the hearing, the judge must decide whether you are mature and capable of agreeing to have the abortion. If you do not claim to be mature, or if the judge finds you are not mature, the judge must then decide whether an abortion without consent from one of your parents or guardian is in your best interests. The judge may ask you questions. You have the right to introduce evidence at the hearing about your maturity and best interests. Utah Rule of Juvenile Procedure 60 Decision The judge will issue a decision right after the hearing. If the judge finds you are mature and can knowingly agree to have the abortion, or that an abortion without consent from one of your parents or guardians is in your best interests, the judge will authorize the abortion. If the judge grants your petition, the clerk will give you a certified order. You can give this to your doctor. If the judge denies your petition, the clerk will give you a copy of the order. The clerk will also give you information about your right to appeal. Appeal rights If you don't like the ruling, you have a right to an appeal. You must file a Notice of Appeal in the juvenile court clerk's office no later than 30 days after the file-stamped date on the juvenile court order If you want to appeal, fill out the Notice of Appeal form. All forms are available in the forms section below. File it with the juvenile court clerk. There is no charge for filing an appeal. The court of appeals may set a hearing on your appeal. If the Court of Appeals schedules a hearing, the clerk will contact you with that information using the contact information in the petition or Notice of Appeal. Be sure to provide contact information in the Notice so the court can tell you of the date and time of the appellate hearing, if one is set. The juvenile court clerk will send you or your lawyer a copy of the recording or transcript of the juvenile court hearing. There is no cost to you for preparing the transcript or for the recording. Hearing on appeal The Court of Appeals will hold a hearing on the appeal (sometimes call oral argument). They will give you a decision on your appeal within 3 business days after you file the Notice of Appeal. If the court schedules a hearing, you may attend in person or by phone. The clerk will send you the decision using the contact information in your petition. Forms Forms to Petition for Waiver of Consent 1140XX 1141XX 1142XX Findings of Fact, Conclusions of Law and Order - PDF | Word Forms to appeal 1144XX 1100XX |
Petition for Removal from DCFS Custody Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Serving Papers Utah Code Section 80-3-503 Asking to be Removed from DCFS Custody A minor in the custody of the Division of Child and Family Services (DCFS) who is between 18 and 21 can ask the court to be removed from the jurisdiction of the juvenile court and from DCFS custody if: The minor is in the division's custody on grounds of abuse, neglect, or dependency, and the minor and the minor's parent or guardian shall sign the petition (if the rights of the parent have not been terminated), and the court determines that the minor does not pose an imminent threat to self or others. To get the process started, the minor would file a petition with the juvenile court. There is a fee to file this petition with the court. If you cannot afford the filing fee, fill out the fee waiver forms for juvenile court and file them with the court at the same time you file the petition. Asking to Return to DCFS Custody If the judge grants the order and the minor decides that they would like to be returned to the custody of DCFS, they would file a petition with the juvenile court. They must file that petition within 90 days of the court's order removing them from DCFS custody. If the judge grants that petition, the Division of Child and Family Services would take custody of the minor based on the findings entered by the court at the time the court originally vested custody of the minor in the Division of Child and Family Services. There is a fee to file this petition with the court. If you cannot afford the filing fee, fill out the fee waiver forms for juvenile court and file them with the court at the same time you file the petition. Forms 1363XX 1364XX Court use only 1365XX 1366XX |
Victim Offender Dialogue Programs Juvenile Court Restorative Dialogue Programs Victim Offender Dialogue Programs Truancy Mediation Program Contact Us Victim offender mediation, group conferencing and talking circles offer victims of crime a forum in which they may ask the offender questions related to the crime, share their feelings and the resulting impact of the harm caused by the crime and to have a voice in deciding what should happen to help to repair the harm done. Offenders have the opportunity to take personal responsibility for their actions and to make amends for their behavior directly to the victim and the community. Victim offender dialogue helps to reinstate responsibility for crime prevention and resolution of crime with individuals, neighborhoods and communities. It promotes participation of all stakeholders affected by crime and provides a process in which all stakeholders are directly involved to repair harm and reach resolution. All of the mediators and facilitators in the programs are trained ADR staff. |
Victim Services in the Utah Juvenile Court Page Menu The Utah Juvenile Court is aware of, and sensitive to, the rights and needs of victims of crime. The Court provides direct services to victims through notification and collection of restitution, holds offenders accountable for their behavior, educates offenders to the impact of crime on victims and trains staff regarding victims' legal rights and sensitivity to victims' issues. This web site will provide general information for victims. However, as each judicial district processes cases somewhat differently it would be important to contact the district where you live to get more specific information. Common Questions Most Often Asked by Victims of Crime How does the Juvenile Court know about my case? Once a crime occurs the police take a report and send the report to the Court if the juvenile offender is arrested. In most judicial districts the prosecuting attorney must first review the report to make sure there is enough information (legal sufficiency) to go further with the case. If so, the case is processed according to your judicial district's guidelines. Cases are usually assigned to a court worker for filing of a petition (Formal Court action) or other dispositions such as non-judicial closure (diversion). It is important to know that the juvenile court has a different case number than the police. Usually, the court cannot track your case without the juvenile offender's name. What kind of information can I find out about my case? You are entitled to receive information about your specific case including: case status, hearing dates, disposition (sentencing) information, court worker assigned to the case, placement information regarding the offender. What kind of information can I find out about the juvenile offender/s involved? You can be told general information such as "placed on probation", "in a treatment center", "in detention", etc. What happens to the juvenile offender? The Court has wide latitude in making decisions about the juvenile offender. Many factors are taken into consideration by the court such as: prior court history, type and number of crime/s committed, current status of the juvenile, etc. The Court can order many different things such as: that the juvenile be placed on probation, a custody change to the Utah Division of Juvenile Justice Services or the State Division of Child & Family Services, pay restitution to the victim, pay a fine or complete community service hours. The orders can be changed or modified if the juvenile fails to comply or other information becomes available. Are all juvenile offenders locked up? No. In fact very few juveniles are locked up for any length of time. Juveniles can be placed in a detention center when the crime occurs but usually for only short periods of time. Detention is designed to be a short term placement. If the crime is very serious or if the juvenile is "out of control" the court can order placement in a secure facility. Juveniles can also be ordered to stay at a work camp for up to 90 days. What happens if my case is plea bargained away? In most cases, if you have suffered a loss the prosecuting attorney will make sure that payment of your restitution is part of the agreement. It is very important that you notify the court of your losses as soon as possible so that they are considered. Can I come to court hearings? Yes, you may attend most court hearings such as arraignments, trials and disposition (sentencing). Some hearings are only open upon permission of the judge. As a rule, you need to notify the court if you want to attend a hearing. Call the court worker, prosecuting attorney involved or the court clerk. Who will let me know about court hearings? A court worker or victim advocate will notify you of upcoming court dates but you must let the court know you are interested in attending. At this time there is no system in place to automatically notify victims of hearings. Call the worker listed on your form letters or the victim advocate listed below for your district. How does the court know of my losses and damages? The court will send two form letters to victims: a Restitution (itemized loss) Statement and an Impact Statement. Once completed by the victim and returned to the court these forms are presented to the court for consideration in sentencing. It is important that the forms are returned as quickly as possible. If you have not received these forms contact the juvenile court in your area and request that they be sent to you. If I am awarded restitution when and how will I get it? In most cases, the juvenile offender makes payments directly to the Court on your behalf. The court then sends a check directly to you. Payments may come in small amounts over a period of time. The court tries very hard to make sure that the juvenile honors the restitution order in a timely manner. If the juvenile is very young, he or she may work on a district work crew. Hours worked on the work crew are converted to money for the victim. If more than one juvenile is involved in your case each juvenile may be ordered to pay a portion of your claim. It is very important that the court is notified if you move. Each year, thousands of dollars remain undeliverable as victims have moved and the court cannot find them. Is there any way for my restitution to be paid early? State law does not allow for victims to be paid out money before it has been paid to the court by the offender on behalf of the victim. There is no sum of money designated for this purpose. If a victim has personal injuries an application can be made to Crime Victims Reparations (CVR) to pay for medical expenses, etc. The juvenile can then be ordered to repay Crime Victims Reparations. Why doesn't the court order restitution for lost wages? Some courts will order reasonable lost wages; others do not and consider the issue best served in a civil court hearing such as small claims. How can I get my property back from the police? Often the police will keep your property until the court case is finished. Once you know that the case is over you can contact the officer who investigated your case and the officer will arrange for the property to be released to you. Your court worker should also be able to help you. You can only make a claim for restitution if the property is damaged beyond repair, for the amount to repair the item, or if you do not intend to claim the property later. Do I have to make an insurance claim? You are under no obligation to make an insurance claim for your losses. The decision to make a claim is a difficult one for victims. Juveniles can be ordered to pay for your total losses but if the amount is large it may take a very long time. The insurance company can file a claim against the juvenile and parents for the money it pays to cover your losses. What is mediation and do I have to do it? Mediation or mediated dialogue is an opportunity for the victim and juvenile offender to meet face to face with a third party neutral in a safe setting to talk about the harm caused by the offender and to discuss ways to repair the harm. The meeting is voluntary for both the victim and offender. If you wish to participate in mediation or want more information contact your court worker, victim advocate or the Administrative Office of the Courts Restorative Dialogue Program. This program is not available in all districts. Please refer to the Mediation web site for more information. Resources for Victims Juvenile Court Victim Coordinators & Victim Liaisons Each Juvenile Court District has a victim coordinator or a victim liaison who is available to answer questions victims may have and to help victims through the Juvenile Court process. Please refer to the following list to find the victim coordinator or victim liaison for your geographical area: 1st District Box Elder County Cache County Rich County 2nd District Davis County Morgan County Weber County 3rd District Salt Lake County Summit County Tooele County 4th District Juab County Millard County Utah County Wasatch County 5th District Beaver County Iron County Washington County 6th District Garfield County Kane County Piute County Sanpete County Sevier County Wayne County 7th District Carbon County Emery County Grand County San Juan County 8th District Daggett County Duchesne County Uintah County Information for Victims of Crime Victim's Guide to Legal Terms in the Juvenile Court Glossary of Legal Terms Mediation Programs Office of Crime Victims Reparations (CVR) 1-800-621-7444 The Office of Crime Victims Reparations can provide advance payment to victims for loss due to severe and violent crime including costs associated with medical bills, counseling, and other safety needs. Please contact the Office of Crime Victims Reparation or your local county's victim advocate for eligibility requirements and to apply for CVR services. Victim Services Offices Most counties across the state of Utah have a Victim Services Office. Victim Advocates can assist victims with Crime Victims Reparations (CVR) application forms, help victims complete victim impact statements and itemized loss statements, provide referrals for counseling, attend Court hearings with victims and help victims find out information about their case. Children's Justice Centers Children's Justice Centers are located in several counties across the state. They serve as a neutral, safe, and comfortable place for children who have been abused or neglected to be interviewed by law enforcement, prosecutors, and the Division of Child & Family Services. Most Children's Justice Center's have victim advocates on site to assist families with available resources for victims of crime. Related Links The National Center for Victims of Crime Office for Victims of Crime (OVC) National Organization for Victim Assistance (NOVA) |
Juvenile Court: An Introduction for Kids and Families Page Menu Related Information Background Before Court: What Happens? Arraignment & Trial: What to Expect After Court: Dispositional Hearing Frequently Asked Questions Glossary of Legal Terms used in Juvenile Court Juvenile Court Brochure - PDF Los Tribunales de Menores de Utah - PDF Juvenile court, don't know much about it - right? Whether you have a friend, family member, or you yourself are facing the court, this resource was created to help you understand juvenile court by teaching you about: The processes involved with juvenile court The people of juvenile court What happens in juvenile court Why a Juvenile Court? Unlike adult criminal courts which are criminal in nature, the juvenile courts are civil courts. The reason for this difference is because juvenile court, rather than simply punishing kids, also exists to protect the community while rehabilitating young people charged with breaking the law. So, just how different is juvenile court from adult court? Many hearings are closed to the public in order to protect the youth's privacy. For example, special care is taken to shield the child from publicity. Juveniles do not have the right to request jury trials Juveniles cannot post bail to leave detention. Intake and probation officers who handle juveniles are court employees under the judicial branch. Read Utah Code §78A-6-102 about the purpose of the juvenile court. What Exactly Happens in Juvenile Court? The juvenile court oversees two types of cases: Delinquency Cases: When Kids Get In Trouble Dependency Cases: When Parents Get in Trouble Class A Misdemeanors and Felonies Class B or Class C Misdemeanors and Infractions Violations of Tobacco and Alcohol Laws Other Infractions or Misdemeanors Identified by the General Order of the Board of Juvenile Court Judges Violations of Curfew Laws Class B Misdemeanor or Lesser Traffic Violation (For children under the age of 16) Violation of Boating Laws Violations of Fish & Game Laws Dependency cases involve children who have been neglected, abused, and who are dependent. For more information, contact the juvenile court administrator, or your defense attorney. Read Utah Code §78A-6-103 about the jurisdiction of the juvenile court. The Rights of a Juvenile in Juvenile Court Your Rights in Juvenile Court The right to appear in person to defend yourself. The right to know the state's accusations against you. The right against self incrimination. The right to a speedy trial and for time to prepare a defense. The court has to tell you about any court hearings that involve you. The right for you and any witness to tell your side of the story. The right to ask questions of the people accusing you. The right to an appeal - to ask a higher court to decide whether or not your judge was right if he or she found you guilty. |
An Overview of the Utah Juvenile Courts It includes 31 full-time judges and 1.5 commissioners. The Juvenile Court is of equal status with the District Court. You can learn more about the juvenile court judges on the Judges' Biographical Information page . To determine which district you live in, use the Map of Courts & Judicial Districts . The Juvenile Court has exclusive original jurisdiction over youths, under 18 years of age, who violate any federal, state or municipal law, and any child who is abused, neglected or dependent. The court has the power to determine child custody, support and visitation in some circumstances; to permanently terminate parental rights, and to authorize or require treatment for mentally ill children or children with disabilities. The court may also place children under the supervision of the court's probation department; place children in the custody or care of foster homes, group homes, special treatment centers, or secure institutions. The Court works closely with the Office of Guardian ad Litem on cases involving abuse, neglect or dependency. The Court may also require children to pay fines or make restitution for damage or loss resulting from their delinquent acts. It also has jurisdiction over habitual truants, runaways and ungovernable youth if efforts by other social service agencies are not successful. In addition, the Court has exclusive jurisdiction in traffic offenses involving minors related to automobile homicide, driving under the influence of alcohol or drugs, reckless driving, joy riding, and fleeing a police officer. It has concurrent jurisdiction with the District and Justice Courts over adults contributing to the delinquency and neglect of a minor. Utah is served by 31 judges and 1.5 commissioners in its 8 judicial districts. The 10 judges in the 3rd District, which includes Salt Lake, Summit and Tooele Counties, are assisted by a commissioner. who is trained as an attorney. The four judges in the 4th District, which includes Juab, Millard, Utah, and Wasatch Counties, are assisted by a commissioner whose time is divided equally between juvenile and district court. The Juvenile Court, unlike other state courts of record, administers a probation department. Probation officers prepare dispositional reports, supervise youth who have been placed on probation by the Court, conduct evaluations, and submit reports on the progress of each juvenile. A clerical division prepares the legal documents and maintains the official court record. As a member of the Interstate Compact on Juveniles, the Court accepts supervision of juveniles who move to Utah from another state (who were under court supervision before moving). In turn, the court often requests another state to supervise juveniles who move while still under court supervision in Utah. All appeals from the Juvenile Court are heard in the Court of Appeals. |
Second District Juvenile Court Related Information Home Orders Work Program Davis, Morgan, & Weber Counties Davis County: PO Box 325 800 West State Street Farmington, UT 84025 (801) 451-4900 Weber County: 165 20th Street Ogden UT 84401 (801) 334-4700 Morgan County: 165 20th Street Ogden UT 84401 (801) 334-4700 |
3rd District Juvenile Court Home Offices Victim Services Hours/Holidays Judicial Profiles CARE Court Juvenile Drug Treatment Court Family Recovery Court Work Crew Mentor Program Phone List Mission Statement for 3rd District Juvenile Court The Utah Juvenile Court's mission is to effectively supervise youth under court jurisdiction, provide quality services for the positive development of children and families, and maintain accurate records. Juvenile Probation Mission and Vision Statement Our mission is to collaborate with youth in reducing recidivism by assessing their risk to reoffend, identifying individual needs, coaching towards positive behavior change, promoting accountability, supporting skill development, protecting the community, and assisting with victim restoration. Our vision is to enhance the lives of all youth by fostering personal growth, and positive behavior change through evidenced based principles and accountability. |
4th District Juvenile Court Related Information Home Offices Victim Services Hours/Holidays Judicial Profiles Phone List Juvenile Court Offices - a list of all the Juvenile Court offices and court sites in the Fourth District. The list also includes addresses and phone numbers for each site. Mission Statement for Fourth District Juvenile Court The Utah Juvenile Court's mission is to effectively supervise youth under court jurisdiction, provide quality services for the positive development of children and families, and maintain accurate records. Useful Links Administrative Office of the Courts for Utah Division of Child and Family Services Division of Youth Corrections Juab County Legal Services Millard County Office of Recovery Services State of Utah Official Web Page Utah Attorney General Utah Bar Association Utah County Utah State Code |
5th District Juvenile Court The Mission of the Courts is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law. St. George 206 West Tabernacle Suite 100 St. George, UT 84770 Phone number: (435) 986-5700 Office Hours: 8a.m. - 5p.m. Mon.-Fri Juvenile Court Probation Unit 206 West Tabernacle Suite 125 St. George, UT 84770 Phone Number: (435) 986-5740 Offices: Located in the probation unit are both formal probation and intake officers. The St. George office serves all of Washington County. All juvenile court matters in Washington County are handled in St. George, Utah. Cedar City 40 North 100 East Cedar City, Utah 84720 Phone Number: (435) 867-3200 Office Hours: 8a.m. - 5p.m. Mon.-Fri Juvenile Court Probation Unit 82 North 100 East Cedar City, UT 84720 Phone Number: (435) 865-5390 Offices: Located in the probation unit are both formal probation and intake officers. The Cedar City Office serves Iron County. Beaver 2270 South 525 West Beaver, UT 84713 Phone Number: (435) 438-5309 Office Hours: 8a.m. - 5p.m. Mon-Fri Offices: Located in the probation unit are both formal probation and intake officers. This office serves Beaver County, Utah. |
Child Welfare Mediation Program Child Welfare Mediation Program Contact Us Frequently Asked Questions Program Forms and Statutes Child Welfare Mediation Video - YouTube About the Child Welfare Mediation Program Program Purpose The purpose of the Child Welfare Mediation Program ("Program") is to further the juvenile court's mission to serve the best interests of the child, while supporting parents' rights, responsibilities, and participation. The Program also serves to build cooperation among child welfare constituents and streamline the child welfare process in the courts. The Program provides an alternative to traditional litigation in child welfare matters. Specifically, it responds quickly to children and families' needs and offers parties the opportunity to create mutually satisfactory solutions. The Child Welfare Mediation Program is currently available state-wide in all eight judicial districts. Information for Parents If your case has been ordered to mediation, please watch our 8 minute video "Parents' Introduction to the Utah Court Child Welfare Mediation Program" ( Video ). It will help you understand and prepare for your mediation. Definition of Child Welfare Mediation Child Welfare Mediation involves the use of a skilled and unbiased third party to assist families, agencies, and attorneys in reaching a mutually acceptable resolution regarding child welfare and placement issues. The mediator has no decision-making power and does not make recommendations as to the outcome of the case. In mediation, participants attempt to resolve the issues cooperatively before the case goes to trial. Mediation puts the decision-making power in the hands of the parties involved. Benefits of a Court-Based Child Welfare Mediation Program (1) Builds cooperation among child welfare constituents Reduces adversarial confrontations and creates a common goal for participants Creates more satisfactory, durable agreements Facilitates a full exchange of the most current case information, clarifying the roles and responsibilities of each of the participants Encourages the accountability of family members and professionals interacting with the family Preserves the dignity and involvement of family members, resulting in less alienation from the court process Provides parents with information on the court process, the workings of the system, participant interests/positions and available services Increases the family's satisfaction with the court process and outcomes Services are implemented sooner in cases that are mediated Families are more likely to keep their agreements/stick to the service plan following a mediation Helps expedite the court process (shelter to final disposition) Reduces in-court time and the number of appeals (1) based on surveys of participants, including attorneys (Assistants Attorney General, Guardians ad Litem, defense), DCFS caseworkers, judges, and family members If you have questions about our Child Welfare Program, please contact us . |
Emancipation Page Menu Related Information Filing Procedures Finding Legal Help Free Legal Clinics Going to Court Mediation Utah Code Sections 80-7-102 to 105 Emancipation Emancipation is when a person under 18 is fully independent from their parents or guardian and has adult rights. There are three ways a person under 18 can become emancipated: Marriage Military Order Court order Asking for a Court Order of Emancipation If you are 16 years old or older, you can ask the juvenile court for emancipation. File a Petition for Emancipation in the juvenile court in your county. Forms are in the forms section below. Use the court directory to find your local juvenile court. After you file the petition the court will: send notice of the petition to your parents, any legal guardian, and other interested parties. schedule a hearing within 30 days. The court might also appoint a guardian ad litem. A guardian ad litem is a lawyer who represents your best interests. At the hearing, the court will consider what is in your best interests. The court will consider: whether you are capable of assuming adult responsibilities, whether you are capable of living independently of your parents or guardian, the opinions and recommendations of the guardian ad litem, your parents or guardian, and whether emancipation will create a risk of harm to you. Effect of Emancipation If the court declares the minor emancipated, the minor may: enter into contracts buy and sell property sue or be sued retain his or her own earnings borrow money for any purpose, including for education obtain healthcare without parental consent Once a minor is emancipated, their parent or guardian is no longer responsible for their support or held liable for any torts the minor may commit. What emancipation does not do An emancipated minor may not vote, smoke, drink alcohol, possess tobacco or firearms until s/he reaches the legal age to do so. An emancipated minor is not considered an adult under criminal law unless certain legal requirements are met. Forms 1138XX 1501JU 1502JU 1503JU 1139XX 1504JU |
Expunging Juvenile Records Page Menu Related Information Expunging Adult Criminal Records Fees Fee Waiver Filing Procedures Finding an Attorney Free Legal Clinics Going to Court Juvenile Justice Information Rule of Juvenile Procedure 56. Expungement Rules of Juvenile Procedure Serving Papers Statutes: Section 78A-6-1501, Juvenile Expungement Act Introduction Expunging a juvenile record does not change history; expunging a record means that the court orders the records of the juvenile court and related records of state, county and local government agencies to be sealed. Sealing a record means that the public cannot view or copy the record. The order to seal records applies only to government agencies. Other records, such as news accounts of an arrest or conviction, are not affected. If an agency does not receive the expungement order, they are not required to seal their records. A government agency that has received an expungement order will respond to an inquiry as though that incident did not occur. A person who has had records expunged may respond to an inquiry as though that incident did not occur. The juvenile in the original case is the petitioner in the expungement case. Do you need to access your expunged records? Visit our page on Accessing Expunged Records for more information. Asking for Expungement of Juvenile Records There are two separate expungement processes in juvenile court, depending on how your case was resolved: Expungement of Adjudication Records Expungement of Nonjudicial Adjustments Make sure you use the correct process and forms on this page. If you appeared before a judge Use the process and forms described in the Expungement of Adjudication Records section . "Adjudication" means you appeared before a judge and received consequences for the charged behavior. If your record contains an adjudication, even if just one, you must follow the adjudication process. If you never appeared before a judge, but completed a contract with the probation office Use the process and forms described in the Expungement of Nonjudicial Adjustments section . Asking to Expunge Adjudication Records A person may ask the court to expunge their juvenile record, including any related records in the custody of a state or local government agency, if the person is at least 18 and one year has passed from the date of: termination of juvenile court jurisdiction; or the person's unconditional release from the custody of the Division of Juvenile Justice Services. The court may waive the above requirements if the court finds that waiver is appropriate. The court cannot expunge the petitioner's juvenile record if the record contains an adjudication for murder or aggravated murder; or in the five years preceding the day on which the petition is filed the petitioner has been convicted of violent felony as defined in Utah Code § 76-3-203.5; there are delinquency or criminal proceedings pending against the petitioner, or restitution has not been paid. A petitioner who has been convicted as an adult may have their juvenile records expunged after expunging their adult criminal records. Criminal History Report Before filing a Petition to Expunge Records, the petitioner must first obtain their adult Criminal History Report from the Bureau of Criminal Identification (BCI - publicsafety.utah.gov) of the Utah Department of Public Safety. The petitioner requests the report from BCI. There is a fee for the report. The judge might require that you file a criminal history report from the other communities in which you have lived. Petition to Expunge Juvenile Court Records Fill out the coversheet and petition forms. Juvenile Court Petition Cover Sheet Under Private Petition, check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2." The amount listed is the filing fee. If you cannot afford to pay the filing fee, you can ask the court to consider waiving that fee. See the Fees and Fee Waiver web page for more information and forms. Petition to Expunge Juvenile Court Records Print the number of the court's judicial district and the name of the county, and the case number. Print your information under the phrase "In the interest of." You must identify any agencies known or thought to have records related to the offense for which expungement is being sought. You must attach to the petition their original Criminal History Report from the Bureau of Criminal Identification (adjudication expungement only). Serving the Petition The petitioner must send the petition to the office of the prosecutor who handled the original juvenile court case. Hearing The court schedules a hearing and notifies the petitioner, the county attorney or district attorney, the juvenile court's probation department, and the government agencies named by the petitioner as having custody of related records. The court will also notify the victim if the victim has requested notice. The notice to the victim includes a copy of the petition and the statutes and rules that apply. At the hearing, the petitioner, the prosecutor, the victim, and any other person who has relevant information may testify. If a person's juvenile court record consists only of non-judicial adjustments, the court may expunge the records without a hearing. Order to Expunge Records If the court finds: the petitioner is 18 or older; the petition is not for the expungement of a conviction for murder or aggravated murder; it has been at least one year since termination of the court's jurisdiction (or one year since the person's unconditional release from the custody of the Division of Juvenile Justice Services); the petitioner has not, in the 5 years prior to the petition being filed, been convicted of a violent felony as defined in Section 76-3-203.5, there are no delinquency or criminal proceedings against the petitioner; a judgment for restitution entered by the court on the conviction for which the expungement is sought has been paid; the petitioner has been rehabilitated, taking into consideration the petitioner's response to programs and treatment, the petitioner's behavior after adjudication, and the nature and seriousness of the conduct. then the court will grant the petition and enter an order to expunge the petitioner's juvenile records held by any state, county, or local government entity in Utah. Asking to Expunge Nonjudicial Adjustment Records A person may ask the court to expunge their record solely consisting of nonjudicial adjustment(s), including any related records in the custody of a state or local government agency, if the person is at least 18 and one year has passed from the date of: The person is at least 18 years of age; and Has completed the conditions of each nonjudicial adjustment. A criminal history report is not required if your record consists solely of a nonjudicial adjustment(s). Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments) Fill out the coversheet and petition forms. Juvenile Court Petition Cover Sheet Under Private Petition, check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2." The amount listed is the filing fee. If you cannot afford to pay the filing fee, you can ask the court to consider waiving that fee. See the Fees and Fee Waiver web page for more information and forms. Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments) Print the number of the court's judicial district and the name of the county, and the case number. Print your information under the phrase "In the interest of." You must identify any agencies known or thought to have records related to the offense for which expungement is being sought. Order to Expunge Juvenile Court Records If the court finds the petitioner: is 18 or older; and has completed the conditions of each nonjudicial adjustment. then the court will grant the petition and enter an order to expunge the petitioner's juvenile records held by any state, county, or local government entity. Once the expungement order has been entered, the petitioner's juvenile court proceedings are considered never to have occurred, and the petitioner may respond to an inquiry as though that incident did not occur. Certified Copies of the Order If an agency does not receive the expungement order, they are not required to seal their records. You must deliver the order to any agencies with relevant records. You should get as many certified copies of the order as there are agencies with records. You should get the certified copies as soon as the order is entered and before the case is sealed. You can get copies of the order after the case is sealed only by a petition to unseal the record You can pick up certified copies of the expungement order at the courthouse or have them mailed. To have certified copies mailed, send a request for a specific number of copies to the clerk of the court and include a 9" x 12" self-addressed envelope with sufficient return postage. (Note that large envelopes and multiple copies require additional postage.) The court cannot charge for copies of the order. Once the expungement order has been entered, the your juvenile court proceedings are considered never to have occurred, and you can respond to an inquiry as though that incident did not occur. Sealing Records Expunged records are not necessarily destroyed. Expunged court records are placed in an envelope which is securely sealed. The clerk records the case number and record classification on the envelope and inscribes across the sealed part of the envelope the words "Not to be opened except upon permission of the court." The court record might eventually be destroyed in accordance with the court's Record Retention Schedule . An agency receiving the expungement order must seal or otherwise restrict public access to the relevant records in its possession or expunge all references to the petitioner's name in the records. The court cannot control destruction of agency records. The court in which the order is entered will automatically seal all related court records. If anyone inquires about the expunged record, the clerk will respond as though the incident did not occur. To have the records of a government agency sealed, the petitioner must deliver a certified copy of the expungement order on the agency. These might include: the arresting agency prosecutor's office Division of Juvenile Justice Services Division of Child and Family Services, including their Management Information System and Licensing Information System; schools; or Driver License Division. An agency served with an order to seal must verify to the petitioner that they have sealed it. There may be other agencies with records. If an agency does not receive the expungement order, they are not required to seal their records. If requested, the clerk will provide addresses for agencies within the jurisdiction of the court. For other agencies, the petitioner must find the correct address. Some agencies that might have records are listed in the next section. If you traveled across state lines or had supervision in another state while under Utah court jurisdiction, on probation, or while in JJS custody or DCFS custody, you likely have a record with the Juvenile Interstate Data System. In addition, if you ran away from the State of Utah and were placed in another State's detention/holding facility, you likely have a record with the Juvenile Interstate Data System. If the Judge grants your request for expungement you may submit a copy of the order to the Utah Interstate Compact Office. (Contact the office by calling 801-578-3857 or email icjutah@utcourts.gov. ) The Utah Interstate Compact Office will delete the records that are under their control. If you had interactions with other States, you will have to contact those States directly to ask about expungement of your records. A government agency or official who has received an expungement order will respond to an inquiry as though that incident did not occur. A government agency or official who has received an expungement order may not divulge information identifying the petitioner. Agency Contact Information To have the records of any other agency sealed, the petitioner must deliver a certified copy of the expungement order on the agency. The following links are to webpages that list some agencies which may have records. Utah County and City Government County Attorneys Utah State Agencies Utah Courts Utah Interstate Compact office: 801-578-3857 or icjutah@utcourts.gov Continued use of Sealed Records After the records have been sealed, they may be inspected only with a court order. Only the petitioner may petition the court to permit the records to be inspected. Forms Asking to Expunge Juvenile Court Adjudication Records Application for Criminal History Report from BCI 1138XX 1174XX Proof of Service Asking to Expunge Juvenile Court Nonjudicial Adjustment Records 1138XX 1101EX Proof of Service Asking to Expunge Juvenile Records of Arrest, Investigation, Detention, or Delinquency 1138XX 1102EX Asking to Expunge Allegations Not Found to be True 1138XX 1103EX |
Voluntary Relinquishment of Parental Rights Page Menu Related Information Fees Fee Waiver Filing Procedures Finding an Attorney Free Legal Clinics Going to Court Indian Child Welfare Act, 25 United States Code Sections 1911-1913 Serving Papers Utah Code Section 80-4-307 (Voluntary relinquishment of parental rights law) Utah Code Section 78B-6-124 (Who may take consents and relinquishments) Overview Be sure that you want to give up all your parental rights and obligations before you sign. After you sign, you cannot change your mind. Is the child a member of an Indian tribe or eligible for membership in an Indian tribe? The forms on this webpage may not be used for the relinquishment and termination of parental rights to an Indian child. Which court has jurisdiction? Tribal Court If the child is a member of an Indian tribe or eligible for membership in an Indian tribe, the tribal court has jurisdiction. If the child resides on the Reservation or is a ward of the tribal court, only the tribal court has jurisdiction. If the child is a member of an Indian tribe or eligible for membership in an Indian tribe but does not reside on the Reservation and is not a ward of the tribal court, the state court has jurisdiction, but the case must be moved to the tribal court upon request of a party. Indian Child Welfare Act, 25 United States Code Sections 1911-1913 . See also the Department of Human Services website. Court of Other State If no court has ever entered a custody or visitation order, file the petition in the state where the child has lived for the most recent six months. If the child is less than six months of age, file the petition in the state where the child has lived since birth. If the child has not lived in any one state for six months or longer, file the petition in the state that is most convenient. The information and forms on this website apply only in the Utah courts. Utah Juvenile Court If Utah is the correct state in which to file the petition, file the petition in the juvenile court, unless the voluntary relinquishment and termination of parental rights are part of an adoption proceeding in district court. File the forms If a juvenile court already has jurisdiction over the child, file the Petition to Terminate Parental Rights upon Voluntary Relinquishment in that court. Otherwise, file the Petition in the county in which you reside. You will have to pay a fee when you file the forms. If you cannot afford the filing fee, you can ask the judge to waive the filing fee by filing an Motion to Waive Fees . You will not have to pay the fee when you file the Petition, but you may have to pay the filing fee after the judge considers your request. For more information, see our webpage on Filing Procedures . Serving the forms Once the petition is filed, the clerk will schedule a hearing. If you do not receive notice of the hearing within a week after filing the petition, you should contact the clerk. Utah Code Section 80-4-204 requires that at least 10 days before the hearing you serve the notice of the petition and hearing on "the parents, the guardian, the person or agency having legal custody of the child, and to any person acting in loco parentis to the child." You must serve the child's other parent, the child's guardian, if one has been appointed, and whoever has custody of the child. Beyond that, who you must serve depends on which people and agencies, if any, are involved in your child's life. For example, you may need to serve: the child's guardian ad litem attorney; Division of Child and Family Services (DCFS); Office of Recovery Services (ORS) or other state agencies that are involved with the child; the Native American tribe that this child is a member of or is eligible for membership in. To serve ORS, DCFS or another state agency, serve the assistant attorney general who represents the agency. For more information, see our webpage on Serving Papers . Hearing Be sure to take the Voluntary Relinquishment of Parental Rights form with you to the hearing. At the hearing, the judge will call you to the witness stand, have you take an oath to tell the truth, and ask you questions. The judge must decide whether you are signing the Voluntary Relinquishment of Parental Rights freely and voluntarily and whether it is in the child's best interest to allow you to relinquish your parental rights. The judge will ask you to sign the form in front of the judge. The judge will ask all of the people and agencies who were served with the petition and who are present at the hearing whether they have any evidence to offer. For more information, see our webpage on Going to Court . Findings of Fact, Conclusions of Law, and Order Termination of parental rights is not automatic. Even if your petition is not opposed, the judge has to decide whether termination is in your child's best interests. The judge will not order termination of parental rights if the judge decides that your purpose is to avoid your financial support obligations to your child. What if I can't come to the hearing? If you can't be at the hearing, you can ask the judge to appoint another juvenile or district court judge in Utah or another state, or some other person (such as a lawyer or social worker) to take your Voluntary Relinquishment of Parental Rights. This means that you must appear before that appointed judge or other person and answer the questions that the juvenile judge would have asked. Be sure to take the Voluntary Relinquishment of Parental Rights form with you to the hearing. The appointed judge or other person must certify that you have read the document, understand it, and have signed it freely and voluntarily. If the judge appoints anyone other than another judge to consider your Voluntary Relinquishment of Parental Rights, your signature must be countersigned by a notary or by two people who are not members of your immediate family. Once the Voluntary Relinquishment of Parental Rights is properly signed, you must file the original with the court in which you filed the Petition. Forms All forms necessary to relinquish and terminate parental rights to a non-Indian child. Checklist - PDF | Word Juvenile Court Petition Cover Sheet 1262XX 1263XX Findings of Fact and Conclusions of Law and Order - PDF | Word |
Subsets and Splits