- Motion to appoint a parent coordinator
- Motion to change venue in a domestic case (using OCAP, the Online Court Assistance Program)
- Motion to consolidate
- 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
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?
- 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
- 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.
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?
- 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.
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.
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:
- 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 |
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?
- 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.
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 hearing. 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.
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
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)