How to get a Temporary Order

Motion for Temporary Order

A temporary order can say who will have child custody, parent time and who must pay child support. It can also talk about alimony, property distribution, attorney fees and other issues in a divorce or custody case. You must follow the temporary order until it is changed or until there is final judgment.

You can file a Motion for Temporary Order with the petition for divorce or the petition to for custody. You can also file it after the case has already started. You cannot file a Motion for Temporary Order if no petition for divorce or petition to for custody has also been filed. 

Are you filing a Motion for Temporary Order in case modifying an existing decree? 
You can file a Motion for Temporary Order with or after you file a petition to modify a divorce or custody decree. The court can give new orders about child support. If you want to modify custody or parent time, you must show that the temporary order is needed to address immediate and irreparable harm or to confirm changes made by the parties, provided that the modification serves the best interests of the child.

 Rule of Civil Procedure 106

 

 Requirements 

Depending on what you are asking for in your motion, you might have to file other papers. Use the chart below to see what else you need to file. 

If you are asking for...

You need to...

custody or parent-time in a divorce case    

take the required classes for parents and file your certificates of completition

joint legal or joint physical custody

file a Parenting Plan with your motion

any money to be paid to you, like alimony or child support

file a Financial Declaration with your motion and a child support worksheet if you are asking for child support

Responding to a Motion for Temporary Order

If you oppose the other party's Motion for a Temporary Order, you must file your own motion if you want to ask for something different. Decide whether you agree with the motion filed by the other party. If you agree with the motion, work with the other party to complete and file a Stipulation. If you oppose the motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents. Pay attention to the Requirements section above - you might need to file other papers with your 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 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, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.

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.

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 commissioner 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 commissioner 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 commissioner might grant the request for hearing or might decide the motion based on the papers without a hearing.
  • Most motions can be up to 10 double-spaced pages. If you aren't sure abut the 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. 

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

 

Forms

  • 1101.8FA
  • 1111FA
  • 1103FA

  • 1102.8FA
  • Financial Declaration
    Required if you are asking for money, such as temporary child support or temporary spousal support.
  • 1111FA
  • 1924FA
Other required forms depending on what you are asking for
Optional forms
  • 1105FA
    Used if the other party agrees with the motion.
  • 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.

Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party

 

  • 1926FA
  • 1110FA
  • 1103FA
Optional forms 
  • 1105FA
    Used if the other party agrees with the motion. 
  • 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.

  • 1925FA
  • Financial Declaration
    Required if you are asking for money, such as temporary child support or temporary spousal support.
  • 1110FA
  • 1924FA
Other required forms depending on what you are asking for

Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party

 

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.