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Motions

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:

  1. What is your motion about?
  2. Will your motion be decided by a judge or commissioner? 
     

What is your motion about?

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. 

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, 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.

Some motions are always decided by a judge. Is your motion for one of the below?

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

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.
  • Commissioner motions can have up to 10 pages of argument. For more details about page limits, read Utah Rule of Civil Procedure 101(i). 
  • 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. 

DocumentsWho FilesTime to File and Serve
MotionMoving partyServe at least 28 days before the hearing
Memorandum Opposing the MotionResponding partyAt least 14 days before the hearing
Reply Memorandum Supporting the MotionMoving partyAt least 7 days before the hearing

 

Counter Motion DocumentsWho FilesTime to File and Serve
Counter Motion (must be served with Memorandum Opposing the MotionResponding partyAt least 14 days before the hearing
Memorandum Opposing the Counter MotionOriginal moving partyAt least 7 days before the hearing
Reply Memorandum Supporting the Counter MotionResponding partyAt 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:

  • 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. 

DocumentsWho FilesTime to File and Serve
MotionMoving party 
Memorandum Opposing the MotionResponding partyWithin 14 days after the the moving party files and serves the motion
Reply Memorandum Supporting MotionMoving partyWithin 7 days after the responding party files and serves the Memorandum Opposing the Motion
Request to Submit for DecisionMoving partyAfter 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. 

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.

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.

Some motions are always decided by a judge. Is your motion for one of the below?

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. 

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.

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.
  • Commissioner memorandums in opposition to a motion can have up to 10 pages of argument. For more details about page limits, read Utah Rule of Civil Procedure 101(i). 

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

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

 

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

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. 

MotionRule of Civil ProcedureWhich Party can Make the Motion and WhenDescription
To dismiss for lack of subject matter jurisdictionRule 12(b)(1)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe 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 jurisdictionRule 12(b)(2)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe 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 properRule 12(b)(3)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe 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 processRule 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 processRule 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 grantedRule 12(b)(6)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe 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 partyRule 12(b)(7)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe 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 statementRule 12(e)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe 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 statementRule 12(f)Any party after a new pleading or other paper has been filed and servedThe 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 pleadingsRule 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.

Forms

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

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

 

 

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

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.

 

  • 1101JU
  • 1102JU

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)
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