Utah State Law Library http://www.utcourts.gov/lawlibrary/blog/ Serving Utahns' legal research needs since 1852* en Copyright 2010 Mon, 15 Mar 2010 10:22:39 -0700 http://www.sixapart.com/movabletype/?v=3.2 http://blogs.law.harvard.edu/tech/rss New Modifying Parent-Time Forms The new Utah State Courts' web page on Modifying Parent-Time provides information about jurisdiction (does the court have legal authority to hear the case?), default judgments and the forms necessary to both request and respond to modifying parent-time.

Use these modification forms only if you already have an original order controlling parent-time. Note that if parents do not agree to a parent-time schedule, the legislature provides for minimum parent-time for both children under 5 and children 5 to 18 years of age.

If you need assistance filling out these forms, consider hiring an attorney or speaking to a lawyer at a free legal clinic.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/new_modifying_parenttime_forms_1.html http://www.utcourts.gov/lawlibrary/blog/2010/03/new_modifying_parenttime_forms_1.html Forms Mon, 15 Mar 2010 10:22:39 -0700 Self-Help Resources Page Redesigned The Utah State Courts' Self-Help Resources page has been redesigned so it is easier to location information. Now you can select the category of information you're looking for - whether it is Criminal Justice, Housing or Life Planning and Probate - and then narrow your results by specific topic. You can also easily access the Online Court Assistance Program from this page. The Self-Help Resources page also links to outside pages that may be of particular interest to self-represented parties, including U.S. Government agency links and consumer protection links.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/selfhelp_resources_page_redesi.html http://www.utcourts.gov/lawlibrary/blog/2010/03/selfhelp_resources_page_redesi.html Self-Help Thu, 04 Mar 2010 08:58:06 -0700 Default Judgments The new Utah State Courts' page on Default Judgments provides information about what is required to ask for a default judgment, including when the person who does not answer is in the military. Servicemembers have special rights that protect them from default judgments while they are on active duty and may not be aware of the pending case.

When you ask for a default judgment, you will be asked to provide proof that the other party is or is not in the military. If you have the person's name and social security number, you can easily verify this information through the Department of Defense Manpower Data Center.

For more information on default judgments, including forms, visit the Courts' page on Default Judgments.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/02/default_judgments.html http://www.utcourts.gov/lawlibrary/blog/2010/02/default_judgments.html Self-Help Fri, 26 Feb 2010 08:48:19 -0700 Utah Foreclosure Prevention Foreclosure-Invoices.JPGDo you have questions about the foreclosure process in Utah? HUD-approved counseling agencies provide foreclosure information, counseling and classes to help Utahns work with mortgage lenders to stay in their homes. The counseling agencies also discuss your options if staying in your home isn't possible.

State-wide foreclosure prevention classes are available through the Housing Education Coalition of Utah and partner agencies. Class dates and times have been updated through June. The Utah Foreclosure Prevention website also provides links to other state and federal resources.

Want to know more? The Utah State Courts' site on foreclosure discusses mortgage fraud and predatory lending and links to resources for owners whose home may be foreclosed as well as investors who want to buy foreclosed property. If you're at the law library, you can read "The Foreclosure Survival Guide" or check if your local public library has it available for checkout.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/02/utah_foreclosure_prevention.html http://www.utcourts.gov/lawlibrary/blog/2010/02/utah_foreclosure_prevention.html Self-Help Fri, 19 Feb 2010 09:38:11 -0700 Going to Court The Utah State Courts offers a new webpage to help you prepare for your day in court and to present your claim or defense if you are representing yourself. You will find information about preparing for a hearing, presenting your evidence, and writing up an order for the judge to sign. There are helpful tips about how to find the courtroom, where to stand, how to speak to the judge and others in the courtroom, and how to arrange for disability accommodations or interpreters. And, there are links to other useful resources that can help you be confident about going to court on your own.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/01/going_to_court.html http://www.utcourts.gov/lawlibrary/blog/2010/01/going_to_court.html Self-Help Fri, 29 Jan 2010 11:28:44 -0700 Februrary Classes columnsOur February class list is here!

Small Claims Basics
Thursday, 2/4, 4:30-6:00 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Collecting a Judgment Basics
Thursday, 2/11, 4:30-6:00 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

Resources for People Representing Themselves in Utah's State Courts
Friday, 2/12, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

Guardianship of a Minor Basics
Thursday, 2/18, 4:30-6:30 p.m.
Topics include who can be a guardian, why you might want a guardianship, the difference between a guardianship and conservatorship, the rights and responsibilities of a guardian, how to request a guardianship appointment, and how to terminate a guardianship appointment

Landlord-Tenant Basics
Thursday, 2/25, 4:30-6:30 p.m.
Basic rights and responsibilities of both landlords and tenants, as well as provide a description of the eviction process.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/01/februrary_classes.html http://www.utcourts.gov/lawlibrary/blog/2010/01/februrary_classes.html Classes & Tours Tue, 19 Jan 2010 08:18:54 -0700 New Legal Guide for the Seriously Ill Would you know how to handle your legal and financial matters if you, or a loved one, became seriously ill or injured? Planning ahead and understanding what steps to take to get your affairs in order are important issues for all of us. An extremely useful and informative free guide is now available.

The Legal Guide for the Seriously Ill explains seven key steps in a brief, clear way while offering additional tips and resources for readers looking for more detailed information and guidance. The Guide is a project by the American Bar Association Commission on Law and Aging commissioned by the National Hospice and Palliative Care Organization.

The newly released guide is a valuable resource providing critical tools that help readers understand their options, make informed decisions, and find resources concerning paying for health care, long term care, patient rights, benefits, property ownership, legal tools such as powers of attorney, wills, trusts, and more.

The free guide is available online.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/01/new_legal_guide_for_the_seriou_1.html http://www.utcourts.gov/lawlibrary/blog/2010/01/new_legal_guide_for_the_seriou_1.html Self-Help Wed, 06 Jan 2010 13:56:32 -0700 Finding an Attorney in Utah IMG_2832.jpgRather than searching the phone book for an attorney, you can use the Utah State Bar's Find a Lawyer Directory to locate an attorney based on specialty, location, languages spoken and the number of years in practice. If you've been referred to an attorney, you can find their contact information by entering their name in the search box on the Utah State Bar Attorney & Associate Member Directory Service page.

Some attorneys in Utah practice "limited representation" - this means that the attorney and client agree that the attorney will provide specific services for a predetermined fee. The agreement might state that the attorney will coach the client for an upcoming court hearing or the attorney will draft an initial petition. Once that specific task has been completed, the attorney no longer represents the client unless they enter into a new agreement for additional services. This type of agreement is often cheaper than hiring an attorney for the entire length of your case. To search for an attorney who practices "limited representation," choose the Advanced Search Form and then check the boxes by "Contracts - Limited Representation," "Divorce - Limited Representation," "Estate Planning - Limited Representation" and/or "Family - Limited Representation." Other categories may be added at a later date.

Not interested in hiring a lawyer? Check out the Finding Legal Help page for information about other ways to settle your dispute or find a free legal clinic.

While court employees aren't allowed to refer you to a specific lawyer, if you need assistance in using any of these referral sources, contact the law library. We're happy to help.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/12/finding_an_attorney_in_utah.html http://www.utcourts.gov/lawlibrary/blog/2009/12/finding_an_attorney_in_utah.html Self-Help Tue, 22 Dec 2009 09:21:47 -0700 January Classes columnsOur January class list is here!

Small Claims Basics
Thursday, 1/7, 4:30-6:00 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Collecting a Judgment Basics
Thursday, 1/14, 4:30-6:00 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

Guardianship of an Adult Basics
Thursday, 1/21, 4:30-6:30 p.m.
Topics include who can be a guardian, why you might want a guardianship, the difference between a guardianship and conservatorship, the rights and responsibilities of a guardian, how to request a guardianship appointment, and how to terminate a guardianship appointment

Landlord-Tenant Basics
Thursday, 1/28, 4:30-6:30 p.m.
Basic rights and responsibilities of both landlords and tenants, as well as provide a description of the eviction process.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/12/january_classes.html http://www.utcourts.gov/lawlibrary/blog/2009/12/january_classes.html Classes & Tours Mon, 14 Dec 2009 15:16:31 -0700 December Classes columnsOur December class list is here!

Small Claims Basics
Thursday, 12/3, 4:30-6:30 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Collecting a Judgment Basics
Thursday, 12/10, 4:30-6:30 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

Resources for People Representing Themselves in Utah's State Courts
Friday, 12/11, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/11/december_classes.html http://www.utcourts.gov/lawlibrary/blog/2009/11/december_classes.html Classes & Tours Mon, 16 Nov 2009 07:52:46 -0700 New on OCAP: Protective Orders for Minor Children and Enforcement of Domestic Orders OCAP, the Online Court Assistance Program, offers an interactive electronic tool to prepare the documents needed for several types of civil actions in Utah's state courts. For example, among the existing programs are divorce, parentage, and guardianship of a minor child.

Now available are two new programs. One provides the court documents to try to obtain a protective order on behalf of a minor child. You can choose to use either OCAP or to download fill-in-the-blank forms already available on the court website.

OCAP's new enforcement of domestic orders system provides documents required to ask the court to enforce existing domestic orders. It offers help with preparing orders to show cause, responses to orders to show cause, registrations of foreign orders, as well as several others.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/10/new_on_ocap_protective_orders_1.html http://www.utcourts.gov/lawlibrary/blog/2009/10/new_on_ocap_protective_orders_1.html Forms Fri, 09 Oct 2009 11:43:31 -0700 Parenting Plan Form Now Available on Court Website A parenting plan outlines how parents who are now living separately will raise their children. It encourages parents to think ahead about how they will make decisions and resolve disagreements. A parenting plan is required in Utah for shared parenting or custody arrangements and is permitted in other parenting arrangements approved by the court.

Parents in a domestic relations case must file a parenting plan whenever a party asks the court to create or change a shared parenting arrangement. Any arrangement other than full legal and physical custody held by one parent is a shared parenting arrangement.

Parenting plans are part of the Online Court Assistance Program for divorce or parentage actions. However, sometimes parents need to create a parenting plan on their own or are ordered to do so by the court. Now available on the court website is a stand-alone parenting plan form. Information about the legal requirements of a parenting plan and links to further resources are also available on the website.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/10/parenting_plan_form_now_availa.html http://www.utcourts.gov/lawlibrary/blog/2009/10/parenting_plan_form_now_availa.html Forms Tue, 06 Oct 2009 15:56:52 -0700 October Classes columnsOur October class list is here!

Juvenile Court Basics
Thursday, 10/1, 4:30-6:30 p.m.
Topics include child welfare proceedings, delinquency proceedings, rights of juveniles and the role of the Guardian ad Litem.

Small Claims Basics
Thursday, 10/8, 4:30-6:30 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Resources for People Representing Themselves in Utah's State Courts
Friday, 10/9, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

Guardianship of an Adult Basics
Thursday, 10/15, 4:30-6:30 p.m.
Topics include who can be a guardian, why you might want a guardianship, the difference between a guardianship and conservatorship, the rights and responsibilities of a guardian, how to request a guardianship appointment, and how to terminate a guardianship appointment

Landlord-Tenant Basics
Thursday, 10/22, 4:30-6:30 p.m.
Basic rights and responsibilities of both landlords and tenants, as well as provide a description of the eviction process.

New class coming in November ...
Collecting a Judgment Basics
Thursday, 11/12, 4:30-6:30 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/09/october_classes.html http://www.utcourts.gov/lawlibrary/blog/2009/09/october_classes.html Classes & Tours Mon, 21 Sep 2009 15:28:07 -0700 Common Law Marriage in Utah Common law marriage in Utah is the recognition by the Courts that a relationship between a man and a woman is a legal and valid marriage even if no legal wedding ceremony--religious or civil--took place.

The Utah Code regarding common law marriage states that parties may petition the court to recognize a contract between a man and woman who
* are of legal age and capable of giving consent;
* are legally capable of entering a solemnized marriage under the provisions of this chapter;
* have cohabited;
* mutually assume marital rights, duties, and obligations; and
* who hold themselves out as and have acquired a uniform and general reputation as husband and wife.

The petition for recognition of common law marriage must be made during the relationship or within a year after the end of the relationship, including if one party dies.

The Utah State Law Library has a sample pleadings to petition the Court for a common law marriage. Call or e-mail if you would like a copy.

For more information about marriage in Utah, visit the Utah State Courts page on marriage.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/09/common_law_marriage_in_utah.html http://www.utcourts.gov/lawlibrary/blog/2009/09/common_law_marriage_in_utah.html Self-Help Tue, 01 Sep 2009 09:12:00 -0700 Registering Foreign Orders If you have a child support or child custody court order from another state and you want to either enforce or modify that order in Utah, you must first register that order with an appropriate Utah court. This process is often referred to as "registering a foreign order."

Instructions and forms to register foreign child support and child custody orders are now available on the Utah State Courts website at http://www.utcourts.gov/howto/family/foreign_order.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/08/registering_foreign_orders.html http://www.utcourts.gov/lawlibrary/blog/2009/08/registering_foreign_orders.html Forms Fri, 21 Aug 2009 14:12:02 -0700