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:
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.
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.
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:
Utah Rule of Civil Procedure 62(h).
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).
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.
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.
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.
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.
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:
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 |
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:
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 |
Information about filing documents in existing cases by email
What forms you need depend on whether your case is before a commissioner or a judge.
(if the opposing party has new arguments to make not presented in the moving party's motion)
(if the opposing party is directed to complete the order)
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.
(if someone other than the moving party has a statement to make)
(if the opposing party has new arguments to make not presented in the moving party's motion)
