Utah State Law Library http://www.utcourts.gov/lawlibrary/blog/ Serving Utahns' legal research needs since 1852* en Copyright 2012 Wed, 01 Feb 2012 15:49:48 -0700 http://www.sixapart.com/movabletype/?v=3.2 http://blogs.law.harvard.edu/tech/rss Order to Show Cause Forms Available Online Order to Show Cause forms are now available online on the Utah State Courts' website.

An order to show cause is filed when a party seeks to enforce a previously established court order or decree. The main objective of the show cause hearing is to get the party who is not following the court’s order to do so. If a party is able to do what the court has ordered and does not, the court can also impose penalties, including, in extreme circumstances, a fine and time in jail.

Procedures for filing an order to show cause are similar around the state, but there are some differences. Motions for orders to show cause in Districts 1, 2, 3 and 4 will be determined initially by a court commissioner and parties should follow Rule of Civil Procedure 101. Motions for orders to show cause in Districts 5, 6, 7 and 8 will be determined by a judge. Parties in the Fifth District should follow Code of Judicial Administration Rule 10-1-50-1. Orders to show cause are filed in the same district where the original order or decree was entered.

For more information, and to access the forms, visit the Motion to Enforce Domestic Orders page.

]]> http://www.utcourts.gov/lawlibrary/blog/2012/02/order_to_show_cause_forms_avai.html http://www.utcourts.gov/lawlibrary/blog/2012/02/order_to_show_cause_forms_avai.html Self-Help Wed, 01 Feb 2012 15:49:48 -0700 New Financial Declaration Requirements financial declaration.jpgThe new Utah Rule of Civil Procedure 26.1 requires each party in certain domestic actions to file a financial declaration using the court-approved forms. The rule applies to the following domestic actions: divorce; temporary separation; separate maintenance; parentage; custody; child support; and modification.

Note that a certificate of service is filed with the court, but normally the parties will not file the financial declaration and attachments with the court until the documents are needed. For example, the documents will be needed by the court before any pretrial conference or trial. They will also be needed if a party asks for a temporary order. For information about asking the court for a temporary order, go here.

Read more about the financial declaration, including required attachments, time for disclosure, and sanctions for failure to disclose required information here.

]]> http://www.utcourts.gov/lawlibrary/blog/2011/12/new_financial_declaration_requ_1.html http://www.utcourts.gov/lawlibrary/blog/2011/12/new_financial_declaration_requ_1.html Utah State Courts Thu, 22 Dec 2011 10:00:15 -0700 New Custody Evaluation Resources IMG_4342.jpgIf you are working through a custody dispute due to a divorce or parentage action, you might want to request a custody evaluation. The Utah State Courts recently created a new resource page that discusses what happens at a custody evaluation, how to request and select a custody evaluator and a sample custody settlement conference report.

To request a custody evaluator, file a motion with the court. Motion forms are available online here.

Custody evaluations and evaluators are governed by Rule 4-903 of the Code of Judicial Administration.

]]> http://www.utcourts.gov/lawlibrary/blog/2011/12/new_custody_evaluation_resourc.html http://www.utcourts.gov/lawlibrary/blog/2011/12/new_custody_evaluation_resourc.html Utah State Courts Tue, 20 Dec 2011 08:40:14 -0700 National Pro Bono Week Probono.bmpOctober 23-29 is Pro Bono Week, a national celebration and promotion of pro bono volunteerism among attorneys.

Utah will be celebrating Pro Bono Week with a variety of activities, including free legal clinics for the public, a movie night, a Pro Bono social and a Pro Bono Jam concert.

On Tuesday, October 25, there will be a "Legal Clinic Blitz." In addition to the regularly-held Street Law Legal Clinic in Salt Lake City and Talk to a Lawyer Clinic in St. George, there will be a free legal clinic in Orem on the fourth floor of the UVU Library from 6:00-8:30 pm.

]]> http://www.utcourts.gov/lawlibrary/blog/2011/10/national_pro_bono_week.html http://www.utcourts.gov/lawlibrary/blog/2011/10/national_pro_bono_week.html Self-Help Tue, 25 Oct 2011 08:43:17 -0700 Buyer Beware - Do Your Research Before Paying for Court Forms moneyThe Utah State Courts' website - www.utcourts.gov - provides a wealth of information and free forms.

Library staff feel terrible when patrons tell us they paid hundreds of dollars for divorce papers when we know they could have completed the paperwork using the courts' website. We feel even worse when they are told that their papers aren't sufficient. Before you pay for online forms, check our website to see whether a free, court-approved form is available.

Some of the forms provided on our website are fill-in-the-blank. You can either print a PDF version and neatly handwrite the information, or you can use the Word (in some cases WordPerfect) version and type the information. Remember, however, that there is not a form available for every situation. You may have to draft your own pleadings.

Our website also offers the Online Court Assistance Program (OCAP), which guides you through a series of questions and generates a packet of papers that you file with the court. While there is a $20 fee to file papers generated with the program, OCAP is otherwise free to use and is designed to be user-friendly. OCAP is available for these common court case types:

  • Divorce
  • Parentage (child custody, support and visitation, and paternity issues, but not as part of a divorce case)
  • Landlord-tenant (for both the landlord starting eviction proceedings, and the tenant responding to an eviction case)
  • Guardianship of a minor
  • Protective orders
  • Civil stalking

Helpful Resources

  • If you have questions about how to complete forms or want feedback on papers you put together, or if you need guidance on your case, we strongly encourage you to speak with a Utah attorney or visit one of Utah's free legal clinics, at which you can speak with an attorney for free for a short amount of time.
  • Watch our 8-minute presentation, How to Read a Legal Pleading in Utah, to get a tour of basic pleading format.
  • See Form 1, Caption & Signature Block, for the format for the top and bottom portions of a court pleading.

    ]]> http://www.utcourts.gov/lawlibrary/blog/2011/09/buyer_beware_do_your_research.html http://www.utcourts.gov/lawlibrary/blog/2011/09/buyer_beware_do_your_research.html Forms Tue, 27 Sep 2011 08:39:11 -0700 New Satisfaction of Judgment Forms SatisfactionofJudgment.bmpThe Utah State Courts' website has a new Satisfaction of Judgments web page.

    A satisfaction of judgment means that a debtor has paid the entire amount of the judgment and all accumulated fees, costs and interest, or that the creditor has decided not to pursue further collection efforts.

    There are forms available for the creditor to acknowledge satisfaction of judgment and for the debtor to ask the court to declare a judgment has been satisfied. Each section of forms comes with a checklist, which may answer some of your questions about these forms.

    Need help filling out a court form? Talk to an attorney or visit a free legal clinic near you.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2011/06/satisfaction_of_judgment_forms.html http://www.utcourts.gov/lawlibrary/blog/2011/06/satisfaction_of_judgment_forms.html Forms Wed, 22 Jun 2011 08:12:37 -0700     New Common Law Marriage Page and Forms A new Judicial Recognition of a Relationship as Marriage page is now available on the Utah State Courts' website.

    This process is commonly referred to as "common law marriage," and is the recognition by the courts that a relationship is a marriage even though no wedding ceremony -- religious or civil -- took place.

    The page includes an explanation of the conditions that have to be met to qualify, reasons why you might want to ask the court for the determination, and the effect of this determination. The page provides forms for cases in which there is no dispute expected.

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


    ]]>     http://www.utcourts.gov/lawlibrary/blog/2011/04/new_common_law_marriage_page_a.html http://www.utcourts.gov/lawlibrary/blog/2011/04/new_common_law_marriage_page_a.html Forms Wed, 06 Apr 2011 13:16:05 -0700     April Classes columnsHere is the list of free classes the Utah State Law Library is offering in April:

    Small Claims Basics
    Thursday, April 7th, 4:30-6:00 p.m.

    Collecting a Judgment Basics
    Thursday, April 14th, 4:30-6:00 p.m.

    Court Website & State Law Library Basics
    Friday, April 15th, 3:30-4:30 p.m.

    Landlord-Tenant Basics
    Thursday, April 21st, 4:30-6:30 p.m.

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

    Class size is limited, so registration is required. To reserve your spot:
    call 801-238-7990 or email library@email.utcourts.gov.

    Please Be Prompt!
    As a courtesy to our volunteer instructors, please be on time. Classes may be canceled if students are not present at the scheduled start time.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2011/03/april_classes_1.html http://www.utcourts.gov/lawlibrary/blog/2011/03/april_classes_1.html Classes & Tours Wed, 23 Mar 2011 10:29:37 -0700     New Alternative Service Forms altservice.jpg
    Not able to find someone to serve them, even after you've tried some of the suggestions on the courts' Finding People for Service of Process page?

    The Utah State Courts' website now provides forms for asking the court to allow you to serve someone by alternative service. These forms include options for newer ways to notify someone about a court action against them, including electronic means (such as email), or social media (such as Facebook).

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

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2011/03/new_web_page_and_forms_alterna.html http://www.utcourts.gov/lawlibrary/blog/2011/03/new_web_page_and_forms_alterna.html Forms Fri, 18 Mar 2011 10:18:52 -0700     New Adoption of a Minor Stepchild Webpage and Forms adoption.jpg
    The Utah State Courts' website has a new Adopting a Minor Stepchild web page. The new page provides information about the process and forms.

    The primary focus of this page is on procedures when everyone involved is in agreement and cooperating. It does not include information or forms for litigating the adoption, and it does not include information or forms for other types of adoptions, such as adoptions through an agency, adoptions by other family members, or adoptions of an adult.

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

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2011/03/new_forms_adoption_of_a_minor.html http://www.utcourts.gov/lawlibrary/blog/2011/03/new_forms_adoption_of_a_minor.html Forms Thu, 10 Mar 2011 17:00:03 -0700     Guardianship of a Minor Presentations Hopscotch.JPGThe Utah State Courts' website now offers three short narrated presentations about guardianship of a minor proceedings. The presentations are divided into these broad topics:
    You'll need the free Adobe Flash Player to play these presentations.

    The State Law Library also has an 83-minute DVD of our Guardianship of a Minor Basics class, which you can watch in the library or purchase. See our Library Classes page for more information.

    You can use the Online Court Assistance Program (OCAP) to generate the papwerwork to start a minor guardianship case.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2011/03/guardianship_of_a_minor_presen.html http://www.utcourts.gov/lawlibrary/blog/2011/03/guardianship_of_a_minor_presen.html Utah State Courts Fri, 04 Mar 2011 11:25:48 -0700     Modifying Child Custody Orders custody.bmpCustody of minor children is a major issue in many family law cases. Custody orders may be issued by the district or juvenile court. Custody may be established by the court as a separate action or as part of a number of different types of cases, including divorce, paternity, protective orders, or neglect and dependency.

    Sometimes parents find it necessary to ask the court to modify an existing custody order. A custody order can be modified if the court determines that there has been a material and substantial change in circumstances since the the controlling order was made and that the change in custody would be an improvement for and in the best interest of the minor child.

    Information and forms for modification of child custody are now available on the court website.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2010/12/modifying_child_custody_orders_1.html http://www.utcourts.gov/lawlibrary/blog/2010/12/modifying_child_custody_orders_1.html Forms Wed, 29 Dec 2010 14:27:41 -0700     New Motion Forms motions.jpgWe get a lot of requests for motion forms in the law library.

    A motion is a mechanism for asking the court to order something. The requests range from asking for more time to dismissing the case, from waiving filing fees or the 90 day waiting period in a divorce to granting a default judgment ... and many other topics.

    There aren't specific forms for every possible type of motion, but now there is a new Motions page on the Utah State Courts' website people can use as a guide to draft their request to the court.

    The Motions page includes information about motion practice before Utah judges and commissioners, examples of types of motions, forms for filing and for responding to a motion, and links to other resources.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2010/12/new_motion_forms.html http://www.utcourts.gov/lawlibrary/blog/2010/12/new_motion_forms.html Forms Thu, 09 Dec 2010 14:35:48 -0700     Power of Attorney: Take the Online Tour! Do you have questions about delegation of parental rights? Or as a guardian, if you can delegate your authority of an incapacitated adult to someone else? The Courts' website on Delegation of a Parent's or Guardian's Authority has a lot of information about this type of power of attorney, and recently we added an online narrated tour that answers many questions about the process involved in delegating authority.

    We will be adding more online narrated tours soon. If you haven't already seen it, we also recently updated the Finding Legal Help tour. This five minute audio tour shows you how to search for an attorney based on location, subject area specialty, and languages spoken. It also explains how to locate legal clinics in your area, and points out free or low-cost alternatives to retaining a lawyer.

    To view either of the narrated tours, you'll need Adobe Flash Player installed on your computer. Download it here.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2010/12/power_of_attorney_take_the_onl_1.html http://www.utcourts.gov/lawlibrary/blog/2010/12/power_of_attorney_take_the_onl_1.html Legal Research Thu, 09 Dec 2010 11:54:36 -0700     Utah's Senior Legal Helpline PHONESCAM.JPGAre you 60 years old or over? Do you have a legal problem? Did you know there is a free legal service available for you by telephone?

    Utah's Senior Legal Helpline is a toll-free, statewide legal information, advice, and referral service for Utah residents 60 and over. You can call 1-800-662-1772 between 9:00 am and 2:00 pm, Monday through Friday to get help in the areas of consumer issues, elder abuse, estate planning, housing and public benefits.

    Rather talk to someone in person? Some senior centers offer free in-person legal clinics. In Salt Lake County, contact your local senior center to schedule a 20 minute consultation with an attorney. In Roosevelt, there is a free legal clinic held the second Wednesday of each month, 3:00-5:00 pm, at the Roosevelt Senior Center, 50 East 200 South. In St. George, you can make an appointment to speak with a volunteer attorney at the St. George Senior Center, 245 North 200 West, by calling 435-634-5716.

    Of course, there are free legal clinics offered throughout the state, many of which aren't limited to those over 60. A complete listing is provided on the courts' Legal Clinics, Agencies & Organizations page.

    ]]>     http://www.utcourts.gov/lawlibrary/blog/2010/11/utahs_senior_legal_helpline.html http://www.utcourts.gov/lawlibrary/blog/2010/11/utahs_senior_legal_helpline.html Self-Help Wed, 03 Nov 2010 08:04:50 -0700