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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Motion to Appear Remotely

Asking to appear remotely

Usually, a person participating in a court proceeding must be in the courtroom. Sometimes a judge will let a person appear remotely.

"Appearing remotely" means that the person would participate by phone, video, or some other means instead of physically coming to the courthouse.

  • Participants could include the parties, their attorneys, and witnesses.
  • Types of court proceedings could include a scheduling conference, a hearing, an evidentiary hearing, a pre-trial conference, or trial.

Utah Code of Judicial Administration Rule 4-106 and Utah Rule of Juvenile Procedure 29B.

Requirements

A judge must make the following findings before they can let a person appear remotely. During the court proceedings:

  • a person and their attorney (if the person has an attorney) must be able to communicate confidentially;
  • documents, photos, and other items presented in the courtroom can be delivered to the remote participants before or during the proceedings;
  • interpretation has been arranged for a person who has a limited English proficiency or is deaf or hard of hearing; and
  • the remote appearance does not interfere with creating a verbatim record of the hearing. 

If all these requirements are met the judge may allow a person to appear remotely. However, the judge is not required to allow a person to appear remotely, even if all the requirements are met.  

Procedure

To ask that a person be allowed to appear remotely, a party can file a Motion to Appear Remotely with the court.

The way the motion is handled differs by judicial district and by judge or commissioner. Contact the court handling the case and ask:

  • how the judge or commissioner handles requests to appear remotely,
  • whether the court can accommodate the proposed method of remote appearance (such as phone or video conferencing),
  • if a written Motion to Appear Remotely must be filed, and what other forms must be filed with it (such as a Request to Submit for Decision), and
  • if an interpreter is needed, how to make arrangements for an interpreter.

In Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear motions in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures.

If you are not 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 has been listed in the caption, the motion will probably be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. A judge will not rule on a motion until the time for filing an opposition to the motion has passed and a Request to Submit for Decision has been filed.

Motions decided by a commissioner are governed by URCP 101.

See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.

Forms


Information about filing documents in existing cases by email


Forms for Motions Decided by a Judge (District or Justice Court)

Forms for the Moving Party
Required forms for the moving party
  • Motion to Appear Remotely - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • Order on Motion to Appear Remotely - PDF | Word
Optional Forms for the Moving Party
  • Stipulated Motion - PDF | Word
    (if both parties agree to the motion before it is filed)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Objection to Form of Order or Judgment - PDF | Word
    (used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

Forms for Motions Decided by a Commissioner

Forms for the Moving Party
Required forms for the moving party
  • Motion to Appear Remotely - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Appear Remotely - PDF | Word
Optional forms for the moving party
  • Affidavit with Exhibit(s) - PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary - PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and the moving party wishes to respond)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
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)
  • Affidavit with Exhibit(s) - PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary - PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

Forms for Motions Filed in Juvenile Court

  • Motion to Appear Remotely - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 4/1/2020
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