Rule 101. Motion practice before court commissioners.
(a) Written motion required. An application to a court commissioner for an ordermust be by motion which, unless made during a hearing, must be made inaccordance with this rule.
(1) A motion must be inwriting and state succinctly and with particularity the relief sought and thegrounds for the relief sought. Any evidence necessary to support the movingparty's position must be presented by way of one or more affidavits ordeclarations or other admissible evidence. The motion may also include asupporting memorandum.
(2) All motions must providethe bilingual Notice to Responding Party approved by the Judicial Council.
(3) Each motion to a courtcommissioner must include the following caution language at the top rightcorner of the first page, in bold type: Thismotion will be decided by the court commissioner at an upcoming hearing. If youdo not appear at the hearing, the Court might make a decision against youwithout your input. In addition, you may file a written response at least 14days before the hearing.
(4) Failure to provide the bilingual Notice toResponding Party or to include the caution language may provide the non-movingparty with a basis under Rule 60(b) for excusable neglect to set aside anyresulting order or judgment. (b) Time to file and serve. The movingparty must file the motion and any supporting papers with the clerk of thecourt and obtain a hearing date and time. The moving party must serve theresponding party with the motion and supporting papers, together with notice ofthe hearing at least 28 days before the hearing. If service is more than 90days after the date of entry of the most recent appealable order, service maynot be made through counsel.
(c) Response. Any other party may file aresponse, consisting of any responsive memorandum, affidavit(s) ordeclaration(s). The response must be filed and served on the moving party atleast 14 days before the hearing.
(d) Reply. The moving party may filea reply, consisting of any reply memorandum, affidavit(s) or declaration(s).The reply must be filed and served on the responding party at least 7 daysbefore the hearing. The contents of the reply must be limited to rebuttal ofnew matters raised in the response to the motion.
(e) Counter motion.Responding to a motion is not sufficient to grant relief to the respondingparty. A responding party may request affirmative relief by way of a countermotion. A counter motion need not be limited to the subject matter of theoriginal motion. All of the provisions of this rule apply to counter motionsexcept that a counter motion must be filed and served with the response. Anyresponse to the counter motion must be filed and served no later than the replyto the motion. Any reply to the response to the counter motion must be filedand served at least 3 business days before the hearing. The reply must beserved in a manner that will cause the reply to be actually received by theparty responding to the counter motion (i.e. hand-delivery, fax or otherelectronic delivery as allowed by rule or agreed by the parties) at least 3business days before the hearing. A separate notice of hearing on countermotions is not required.
(f) Necessary documentation. Motions and responses regarding temporary ordersconcerning alimony, child support, division of debts, possession or dispositionof assets, or litigation expenses, must be accompanied by verified financialdeclarations with documentary income verification attached as exhibits, unlessfinancial declarations and documentation are already in the court's file andremain current. Attachments for motions and responses regarding child supportand child custody must also include a child support worksheet.
(g) No other papers. Nomoving or responding papers other than those specified in this rule arepermitted.
(h) Exhibits; objection to failure to attach.
(1) Except as provided inparagraph (h)(3) of this rule, any documents such as tax returns, bankstatements, receipts, photographs, correspondence, calendars, medical records,forms, or photographs must be supplied to the court as exhibits to one or moreaffidavits (as appropriate) establishing the necessary foundationalrequirements. Copies of court papers such as decrees, orders, minute entries,motions, or affidavits, already in the court's case file, may not be filed asexhibits. Court papers from cases other than that before the court, such asprotective orders, prior divorce decrees, criminal orders, information ordockets, and juvenile court orders (to the extent the law does not prohibittheir filing), may be submitted as exhibits.
(2) If papers or exhibitsreferred to in a motion or necessary to support the moving party?s position arenot served with the motion, the responding party may file and serve anobjection to the defect with the response. If papers or exhibits referred to inthe response or necessary to support the responding party?s position are notserved with the response, the moving party may file and serve an objection tothe defect with the reply. The defect must be cured within 2 business daysafter notice of the defect or at least 3 business days before the hearing,whichever is earlier.
(3) Voluminous exhibitswhich cannot conveniently be examined in court may not be filed as exhibits,but the contents of such documents may be presented in the form of a summary,chart or calculation under Rule 1006 of the Utah Rules of Evidence. Unless theyhave been previously supplied through discovery or otherwise and are readilyidentifiable, copies of any such voluminous documents must be supplied to theother parties at the time of the filing of the summary, chart or calculation.The originals or duplicates of the documents must be available at the hearingfor examination by the parties and the commissioner. Collections of documents,such as bank statements, checks, receipts, medical records, photographs,e-mails, calendars and journal entries that collectively exceed ten pages inlength must be presented in summary form. Individual documents with specificlegal significance, such as tax returns, appraisals, financial statements andreports prepared by an accountant, wills, trust documents, contracts, orsettlement agreements must be submitted in their entirety.
(i) Length. Initial and respondingmemoranda may not exceed 10 pages of argument without leave of the court. Replymemoranda may not exceed 5 pages of argument without leave of the court. Thetotal number of pages submitted to the court by each party may not exceed 25 pages,including affidavits, attachments and summaries, but excluding financialdeclarations and income verification. The court commissioner may permit theparty to file an over-length memorandum upon ex parte application and showingof good cause.
(j) Late filings; sanctions. If a party files or serves papers beyond the timerequired in this rule, the court commissioner may hold or continue the hearing,reject the papers, impose costs and attorney fees caused by the failure and bythe continuance, and impose other sanctions as appropriate.
(k) Limit on order to show cause. An application to the court for an order to showcause may be made only for enforcement of an existing order or for sanctionsfor violating an existing order. An application for an order to show cause mustbe supported by affidavit or other evidence sufficient to show cause to believea party has violated a court order.
(1) The court commissionermay not hold a hearing on a motion for temporary orders before the deadline foran appearance by the respondent under Rule 12.
(2) Unless the courtcommissioner specifically requires otherwise, when the statement of a person isset forth in an affidavit, declaration or other document accepted by thecommissioner, that person need not be present at the hearing. The statements ofany person not set forth in an affidavit, declaration or other acceptabledocument may not be presented by proffer unless the person is present at thehearing and the commissioner finds that fairness requires its admission.
(m) Motions to judge. Thefollowing motions must be to the judge to whom the case is assigned: motion foralternative service; motion to waive 30-day waiting period; motion to waivedivorce education class; motion for leave to withdraw after a case has beencertified as ready for trial; and motions in limine. A court may provide thatother motions be considered by the judge.
(n) Objection to court commissioner's recommendation. A recommendation of a court commissioner is the orderof the court until modified by the court. A party may object to therecommendation by filing an objection under Rule 108.
Effective May 1, 2021