Motions

Motions

What is a motion?

A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer.

If you do not have a case, you cannot file a motion. See our page on Court Rules & Procedures for more information about how to take a case to court. 

What are you trying to do?

How to file a motion

Follow the steps below. 

Are there special forms for your situation?

There might be special forms that give you more help for your motion. Answer the questions below to see if there are special forms. 

If your motion is listed below, follow the link to find forms and guidance specific to your situation.

    If your motion is in a criminal case, check to see if it is listed below. If it is, follow the link to find forms and guidance specific to your situation.

    If your case is in juvenile court, we do not have detailed guidance for you. We only have forms. Scroll down to the bottom of this page to find the forms.

    Not sure if your case is in juvenile court or not? Contact the court.

    1 Judges decide some motions.

    1 Commissioners decide other motions. 

    Forms and instructions for this step are different based on who will decide your motion.

    Pick the option that matches your situation.

    1 Your motion might be decided by a commissioner if it involves family law. Your case involves family law if it is about:

    • Divorce
    • Child custody
    • Paternity
    • Temporary separation
    • Protective orders
    • Changes to orders in any of these cases

    Does your case involve family law?

    Yes → Go to the next question - Where is Your Case Filed?

    No → Your motion will be decided by a 1 judge. Skip the rest of the questions and go to the next step.

    Family law cases in some court locations are decided by commissioners.

    Is your case filed in one of these judicial districts?

    • District 1 (Box Elder, Cache, Rich counties)
    • District 2 (Davis, Morgan, Weber counties)  
    • District 3 (Salt Lake, Summit, Tooele counties)
    • District 4 (Juab, Millard, Utah, Wasatch counties)
       

    Yes → Go to the next question -  Is Your Motion a Special Type?

    No → Your motion will be decided by a 1 judge. Skip the rest of the questions and go to the next step.

    I do not knowContact your court to find out. 

    1 Some types of motions are always decided by a judge, even in family cases.

    Is your motion one of these types?

    • Motion for alternative service
    • Motion to waive divorce waiting period
    • Motion to waive divorce education class
       

    Yes → Your motion will be decided by a 1 judge

    No → Your motion will be decided by a 1 commissioner

    Next, you need to fill out forms for your motion. The forms are different based on who will decide your motion.

    Pick the option that matches your situation.

    11 Commissioner Motion Forms

    1 The forms below are almost always needed:

    • 1101.8GE - Motion - Commissioner
    • 1111FA - Notice of Hearing
    • 1112FA - Findings of Fact Conclusions of Law and Order on Motion

    The forms below are optional:

    • 1102.8GE - Stipulated Motion - Commissioner
      • Use instead of the Motion form if everyone agrees
    • 1107FA - Statement Supporting Motion
      • Use if someone else wants to write something in support of your motion

    1 Forms for Motions Before Judges

    Choose between forms for family law or all other kinds of cases.

    1 FAMILY Law Cases

    1 Required forms

    • 1101FA - Motion
    • 1112FA - Findings of Fact Conclusions of Law and Order on Motion

    Optional forms

    • 1102FA - Stipulated Motion
      • Use instead of the Motion form if everyone agrees
    • 1107FA - Statement Supporting Motion
      • Use if someone else wants to write something in support of your motion

    OTHER Kinds of Cases

    1 Required forms

    • 1101GE - Motion
    • 1112GE - Findings of Fact Conclusions of Law and Order on Motion

    Optional forms

    • 1102GE - Stipulated Motion
      • Use instead of the Motion form if everyone agrees
    • 1107GE - Statement Supporting Motion
      • Use if someone else wants to write something in support of your motion

    Use exhibits when you need to show the court important information that proves what you say in your papers is true. This can be things like:

    • Bank statements, tax returns, calendars, receipts, photographs, or other records
    • Emails, text messages, or other written messages
       

    1 Important: Most exhibits follow the steps below. If you have very large exhibits (like medical records with many pages), see "For Exhibits with Many Pages" after step 2.

    How to Prepare Exhibits

    1. Gather your exhibits
      • Make a copy of each document you want to use.
      • Label each exhibit with a lette (Exhibit A, Exhibit B, etc.).
    2. 1 Fill out an Affidavit form:
      • Commissioner and Family Law Cases: 1108FA - Affidavit with Exhibits
      • Other Cases: 1108GE - Affidavit with Exhibits

    For Exhibits with Many Pages:

    If you have exhibits with many pages (like long medical records):

    1. 1 Fill out a Notice of Voluminous Exhibits
      • Commissioner and Family Law Cases:  1109FA - Exhibit Summary
      • Other Cases:  1109GE - Exhibit Summary
    2. Bring your exhibits to the hearing
       
    Important Tips

    Do NOT file these as exhibits:

    • Court papers already in your case file (orders, decrees, previous motions).
    • Documents the court already has.

    You CAN file these as exhibits:

    • Court papers from other cases (protective orders, prior divorce decrees).
    • Criminal orders or dockets from other cases.

    11 How to File

    Next you need to submit your papers to the court. This is called filing. 

    1. How to File: Choose ONE:
      • 1 In Person: Take your papers to the courthouse clerk's office.
      • 1 Email: Send copies to your court's email address (find it here), write "Filing in [your case number]" in the subject line, papers must be in English, filled out completely and only black and white.
      • eFilingMy Court Case (online system). Not available in most cases: only eviction, debt collection, and small claims.
      • 1 Mail: Slowest method. Papers only filed when received by court.
    2. Get Copies: Request date-stamped copies if filing in person

    Need more help? See our page on Filing Procedures.

    11 How to Serve

    Next you need to send the papers you file to the other people in your case. This is called service. 

    Sending papers during your case:

    1. Who Gets Copies: Send to all parties (or their lawyer or licensed paralegal practitioner)
    2. How to Send: Choose ONLY one way:
      • 1 Email.
      • 1 Hand Delivery.
      • 1 Mail.
      • My Court Case (online system) if you can file online (only some case types) AND the other side has an account or is represented.
      • one of the other ways allowed under court rules.
    3. Prove It: Fill out the "Certificate of Service" (usually on the last page of your court form) and file it with your court papers. This is required.

    Have more questions? See our page on Serving Papers.

    1 If a COMMISSIONER will decide your motion:

    • The other side must respond at least 14 days before your hearing
    • 1 You can write a reply at least 7 days before the hearing if they bring up something new (optional). 

    1 Use this form: 1106FA - Reply Memorandum Supporting Motion

    • 1 File your papers. 
    • 1 Serve your papers.
    • Make sure to attend your hearing.

    1 If a JUDGE will decide your motion:
    • Check your mail or email to see if the other side has responded.
    • Contact the court if you are unsure.
    • The other side has 14 days to respond to your motion. 
    • 1 You can write a reply within 7 days if they bring up something new (optional).  

    1 For FAMILY Law Cases: 1106FA - Reply Memorandum Supporting Motion

    1 For OTHER Cases: 1106GE - Reply Memorandum Supporting Motion

    • 1 File your papers. 
    • 1 Serve your papers.
    • Watch for mail or email from the court to see if the cout schedules a hearing. 

    What happens next

    • The court might set a hearing OR decide on your motion based on the papers.
    • You will need to fill out one more set of papers in step 8. 

    Forms and instructions for this step are different based on who will decide your motion.

    Pick the option that matches your situation.

    1Commissioner motions almost always require a hearing.

    To Do 1: Attend the hearing

    Make sure you attend the hearing. If you do not, the court could decide against you.

    At the hearing, there could be a decision. This is usually the final decision on your motion.

    To Do 2: Find out who must prepare the order

    You might need to prepare the order yourself!

    • At the end of the hearing, the commissioner usually tells one party to prepare the order.
    • 1 If you are told to prepare the order, you must do so within 14 days.
    To Do 3: Prepare the order (if you were told to do this)

    If you are preparing the order:

    • Write exactly what the judge or commissioner decided
    • 1 Use this form:
    • 1112FA - Findings of Fact Conclusions of Law and Order on Motion 
    • 1 Serve the proposed order on the other party for review.
    • Wait 7 days after sending it to the other party.
    • 1 File the proposed order with the court even if the other party did not approve it.
    To Do 4: Review the order (if the other party is preparing it)

    If the other party is preparing the order:

    • They will send you the proposed order. Read it carefully when you receive it.
    • Make sure it says what the commissioner decided.
      • If it is correct you can Sign in the "Approved as to Form" section and send it to the other party.
      • 1 If it is NOT correct you have 7 days to file an objection.
      • Use this form: 1113FA - Objection to Form of Order or Judgment
      • File it and serve the other party. 
    • Look for a response from the court about the objection. 

    1 Your objection can only be about whether the order accurately reflects what was decided, not about whether you agree with the decision.

    To Do 5: Follow the order once it is signed by the commissioner

    You must do what the order says. Pay attention to any deadlines in the order.

    1 Judge motions MIGHT require a hearing.

    To Do 1: Follow next steps based on court scheduling

    If a hearing is scheduled:

    • Attend the hearing. If you do not attend, the court could decide against you.
    • The judge will decide your motion after the hearing.
    • Pay attention to what the judge says and take notes. 
    • If you are ordered to, prepare the order using the forms below. Do not file a Request to Submit for Decision. 

    If no hearing is scheduled:

    • The judge could decide your motion based only on the papers.
    • If more than 21 days have passed since you filed your motion and no hearing has been set, file both a Request to Submit for Decision and proposed order.

    1 For FAMILY Law Cases: 

    • Always file: 1112FA - Findings of Fact Conclusions of Law and Order on Motion 
    • If no hearing was scheduled, also file: 1110FA - Request to Submit for Decision

    1 For OTHER Cases: 

    • Always file: 1112GE - Findings of Fact Conclusions of Law and Order on Motion
    • If no hearing was scheduled, also file: 1110GE - Request to Submit for Decision (General)
    • 1 File the papers.
    • 1 Serve the papers on the other party.
    To Do 2: Review the order (if the other party is preparing it)

    The other party will send you the proposed order. 

    Make sure it says what the judge decided.

    If it is correct:

    • You can sign in the "Approved as to Form" section and send it to the other party.

    If it is NOT correct:

    • 1 You have 7 days to file an objection
    • 1 Pick the right form for your case:  
      • For Family law cases: 1113FA - Objection to Form of Order or Judgment
      • For Other cases: 1113GE - Objection to Form of Order or Judgment
    • File it and serve the other party. 
    • Look for a response from the court about the objection. 

    1 You can only object if the proposed order is wrong. You cannot object just because you disagree with the decision.

    To Do 3: Follow the order once it is signed by the judge

    You must do what the order says. Pay attention to any deadlines in the order.

    How to respond to a motion

    Someone Filed a Motion Against You

    You received court papers that include a motion. A motion asks the court to make a decision in your case.

    You have choices about how to respond.

    1 You must respond by the deadline or the court might grant the motion without hearing from you.

    The steps below will help you understand your options and respond correctly.

    Part 1: What Did You Receive?

    Look at the papers you received. You should have:

    • Motion - This asks the court to do something.
    • Other papers might be included.

    If your case is before a commissioner, you will also have a Notice of Hearing - This tells you when to go to court. Pay attention to the hearing date.

    The title of your document will be on the first page, about a quarter of the way down on the right-hand side.

    Look for the one that says something like "Motion to..." or "Motion for..."

    A picture of a motion, with the word "motion" circled, it is about a quarter of the day down on the first page, on the right-hand side


    Read the motion carefully
    . It will tell you:

    • What the other party wants the court to order.
    • Why they think the court should grant their request.
    • What evidence they are using to support their request.
    Part 2: Do You Agree or Disagree?

    1 If you agree with everything in the motion, you do not need to file anything. The court will likely grant the motion.

    1 If you disagree with some or all of the motion, you can file papers to tell the court your side.

    Part 3: What Are Your Options?

    You have two main choices:

    Option 1: Do nothing

    • Choose this if you agree with the motion.
    • Your work is done. The court will likely grant the motion

    Option 2: Oppose the motion

    • Choose this if you disagree with the motion OR want the court to order something different.
    • You will file papers explaining why the court should deny the motion.

    1 Judges decide some motions.

    1 Commissioners decide other motions. 

    Forms and instructions for this step are different based on who will decide your motion.

    Pick the option that matches your situation.

    1 Your motion might be decided by a commissioner if it involves family law. Your case involves family law if it is about:

    • Divorce
    • Child custody
    • Paternity
    • Temporary separation
    • Protective orders
    • Changes to orders in any of these cases

    Does your case involve family law?

    Yes → Go to the next question - Where is Your Case Filed?

    No → Your motion will be decided by a 1 judge. Skip the rest of the questions and go to the next step.

    Family law cases in some court locations are decided by commissioners.

    Is your case filed in one of these judicial districts?

    • District 1 (Box Elder, Cache, Rich counties)
    • District 2 (Davis, Morgan, Weber counties)  
    • District 3 (Salt Lake, Summit, Tooele counties)
    • District 4 (Juab, Millard, Utah, Wasatch counties)
       

    Yes → Go to the next question -  Is Your Motion a Special Type?

    No → Your motion will be decided by a 1 judge. Skip the rest of the questions and go to the next step.

    I do not knowContact your court to find out. 

    1 Some types of motions are always decided by a judge, even in family cases.

    Is your motion one of these types?

    • Motion for alternative service
    • Motion to waive divorce waiting period
    • Motion to waive divorce education class
       

    Yes → Your motion will be decided by a 1 judge

    No → Your motion will be decided by a 1 commissioner

    1 Respond by your deadline or you could lose your motion

    1 If your motion will be decided by a commissioner:
    • 1 You have 14 days before the hearing to file your opposition.
    • Look at the Notice of Hearing to find the hearing date.
    • Count calendar days - including weekends. 
    • Count backwards 14 days from the hearing date.

    Example: Sam Sampleson has a hearing on March 15.

    • Sam's deadline is March 1 (14 days before hearing).
    1 If your motion will be decided by a judge:
    • 1 You have 14 days after the motion was filed to file your opposition.
    • Count forward 14 days from when the motion was filed. The day it was filed is day zero.
    • Count calendar days - including weekends. 
    • 1 You could get the motion after it was filed, meaning you have less than 14 days to respond. 

    Example: Rob Respondent received a Motion for Temporary Order on March 2.

    • Rob reads the papers carefully. He sees the motion is dated March 1. 
    • Rob contacts the court and learns that the motion was filed on March 1.
    • Rob's deadline is March 15 (14 days after the motion was filed).

    If You Miss Your Deadline

    • The court may grant the motion automatically.
    • You may lose important rights in your case.

    1 Pick the right form for your case:

    • 1 1 Commissioner and Family Law cases
      • 1104FA - Memorandum Opposing Motion
    • Other kinds of cases
      • 1104GE - Memorandum Opposing Motion

    1 These forms only tell the court you oppose the motion. If you want to ask for something different, you will need to file your own motion. Scroll to the top of this page and follow the instructions for how to file a motion. 

    Use exhibits when you need to show the court important information that proves what you say in your papers is true. This can be things like:

    • Bank statements, tax returns, calendars, receipts, photographs, or other records
    • Emails, text messages, or other written messages
       

    1 Important: Most exhibits follow the steps below. If you have very large exhibits (like medical records with many pages), see "For Exhibits with Many Pages" after step 2.

    How to Prepare Exhibits

    1. Gather your exhibits
      • Make a copy of each document you want to use.
      • Label each exhibit with a lette (Exhibit A, Exhibit B, etc.).
    2. 1 Fill out an Affidavit form:
      • Commissioner and Family Law Cases: 1108FA - Affidavit with Exhibits
      • Other Cases: 1108GE - Affidavit with Exhibits

    For Exhibits with Many Pages:

    If you have exhibits with many pages (like long medical records):

    1. 1 Fill out a Notice of Voluminous Exhibits
      • Commissioner and Family Law Cases:  1109FA - Exhibit Summary
      • Other Cases:  1109GE - Exhibit Summary
    2. Bring your exhibits to the hearing
       
    Important Tips

    Do NOT file these as exhibits:

    • Court papers already in your case file (orders, decrees, previous motions).
    • Documents the court already has.

    You CAN file these as exhibits:

    • Court papers from other cases (protective orders, prior divorce decrees).
    • Criminal orders or dockets from other cases.

    1 How to File

    Next you need to submit your papers to the court. This is called filing. 

    Sending papers during your case:

    1. Who Gets Copies: Send to all parties (or their lawyer or licensed paralegal practitioner)
    2. How to Send: Choose ONLY one way:
      • 1 Email.
      • 1 Hand Delivery.
      • 1 Mail.
      • My Court Case (online system) if you can file online (only some case types) AND the other side has an account or is represented.
      • one of the other ways allowed under court rules.
    3. Prove It: Fill out the "Certificate of Service" (usually on the last page of your court form) and file it with your court papers. This is required.

    Have more questions? See our page on Serving Papers.

    1 How to Serve

    Next you need to send the papers you file to the other people in your case. This is called service. 

    1. How to File: Choose ONE:
      • 1 In Person: Take your papers to the courthouse clerk's office.
      • 1 Email: Send copies to your court's email address (find it here), write "Filing in [your case number]" in the subject line, papers must be in English, filled out completely and only black and white.
      • eFilingMy Court Case (online system). Not available in most cases: only eviction, debt collection, and small claims.
      • 1 Mail: Slowest method. Papers only filed when received by court.
    2. Get Copies: Request date-stamped copies if filing in person

    Need more help? See our page on Filing Procedures.

    Forms and instructions for this step are different based on who will decide your motion.

    Pick the option that matches your situation.

    1Commissioner motions almost always require a hearing.

    To Do 1: Attend the hearing

    Make sure you attend the hearing. If you do not, the court could decide against you.

    At the hearing, there could be a decision. This is usually the final decision on your motion.

    To Do 2: Find out who must prepare the order

    You might need to prepare the order yourself!

    • At the end of the hearing, the commissioner usually tells one party to prepare the order.
    • 1 If you are told to prepare the order, you must do so within 14 days.
    To Do 3: Prepare the order (if you were told to do this)

    If you are preparing the order:

    • Write exactly what the judge or commissioner decided
    • 1 Use this form:
    • 1112FA - Findings of Fact Conclusions of Law and Order on Motion 
    • 1 Serve the proposed order on the other party for review.
    • Wait 7 days after sending it to the other party.
    • 1 File the proposed order with the court even if the other party did not approve it.
    To Do 4: Review the order (if the other party is preparing it)

    If the other party is preparing the order:

    • They will send you the proposed order. Read it carefully when you receive it.
    • Make sure it says what the commissioner decided.
      • If it is correct you can Sign in the "Approved as to Form" section and send it to the other party.
      • 1 If it is NOT correct you have 7 days to file an objection.
      • Use this form: 1113FA - Objection to Form of Order or Judgment
      • File it and serve the other party. 
    • Look for a response from the court about the objection. 

    1 Your objection can only be about whether the order accurately reflects what was decided, not about whether you agree with the decision.

    To Do 5: Follow the order once it is signed by the commissioner

    You must do what the order says. Pay attention to any deadlines in the order.

    1 Judge motions MIGHT require a hearing.

    To Do 1: Follow next steps based on court scheduling

    If a hearing is scheduled:

    • Attend the hearing. If you do not attend, the court could decide against you.
    • The judge will decide your motion after the hearing.
    • Pay attention to what the judge says and take notes. 
    • If you are ordered to, prepare the order using the forms below. Do not file a Request to Submit for Decision. 

    If no hearing is scheduled:

    • The judge could decide your motion based only on the papers.
    To Do 2: Review the order (if the other party is preparing it)

    The other party will send you the proposed order.

    Make sure it says what the judge decided. 

    If it is correct:

    • You can sign in the "Approved as to Form" section and send it to the other party.

    If it is NOT correct:  

    • 1 You have 7 days to file an objection.
    • 1 Pick the right form for your case:
      • Family law cases: 1113FA - Objection to Form of Order or Judgment
      • Other cases: 1113GE - Objection to Form of Order or Judgment
    • File it and and serve the other party.
    • Look for a response from the court.  

    1 You can only object if the order is wrong. You cannot object just because you disagree with the decision.

    To Do 3: Follow the order once it is signed by the judge

    You must do what the order says. Pay attention to any deadlines in the order.

     

    Other Motions in Civil Cases

    This table includes some common motions in civil cases. This is not a complete list. The

    This table includes some common motions in civil cases. This is not a complete list. The court does not have any forms for these motions. You can find basic forms and general instructions in the section above on how to file a motion

    MotionRule of Civil ProcedureWhich Party can Make the Motion and WhenDescription
    To dismiss for lack of subject matter jurisdictionRule 12(b)(1)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe motion asks the court to dismiss the case because it was filed in the wrong court. If the court grants the motion, the plaintiff can file the case in a court that has jurisdiction.
    To dismiss for lack of personal jurisdictionRule 12(b)(2)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe motion asks the court to dismiss the case because the defendant/respondent does not have enough of a connection to Utah. If the court grants the motion, the plaintiff/petitioner can file the case in a court that has personal jurisdiction.
    To transfer to a county in which venue is properRule 12(b)(3)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe motion asks the court to transfer the case to a county in which the defendant/respondent resides, where the action arose, or to some other county with venue.
    To dismiss for insufficient processRule 12(b)(4)Defendant/Respondent after the summons and complaint/petition have been filed and served"Process" refers to the summons itself. The motion asks the court to dismiss the case because the summons did not meet the requirements of URCP 4 (a) and (c). If the court finds that the summons is defective, it may allow the plaintiff/petitioner extra time to prepare and serve a proper summons or dismiss the case. If the case is dismissed, the plaintiff/petitioner can file a new case, and prepare and serve a proper summons.
    To dismiss for insufficient service of processRule 12(b)(5)Defendant/Respondent after the summons and complaint/petition have been filed and served"Service of process" refers to how the summons and complaint are delivered to the defendant/respondent. The motion asks the court to dismiss the case because the defendant/respondent was not served in a manner permitted by URCP 4(d). If the court finds that service was defective, it may allow the plaintiff/petitioner extra time to properly serve the summons and complaint/petition or dismiss the case. If the case is dismissed, the plaintiff/petitioner can file a new case, and properly serve the defendant/respondent.
    To dismiss for failure to state a claim upon which relief may be grantedRule 12(b)(6)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe motion asks the court to dismiss the case because the claims made, even if true, do not state a cause of action. The motion does not admit or deny the truth of the claims. If the court finds that the claims do not state a cause of action, it may allow the plaintiff/petitioner extra time to amend the complaint/petition or dismiss the case. If the case is dismissed, the plaintiff/petition can file a new case, unless the case is dismissed "with prejudice."
    To dismiss for failure to join an indispensible partyRule 12(b)(7)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe motion asks the court to dismiss the case because someone who has to be a party is not a party. URCP 19 says who should be a party and who has to be a party. If the court finds that the person has to be a party, it may allow the plaintiff/petitioner extra time to join the person to the case by naming them as a party and serving them. If the court does not have personal jurisdiction over a person who has to be a party, the case will be dismissed.
    To make a more definite statementRule 12(e)Defendant/Respondent after the summons and complaint/petition have been filed and servedThe motion asks the court to order the plaintiff/petitioner to rewrite the complaint/petition (or some part of it) because, as written, it is so unclear that the defendant/respondent cannot be expected to understand it. If the court grants the motion, it will allow the plaintiff/petitioner extra time to rewrite the complaint/petition (or some part of it).
    To strike a statementRule 12(f)Any party after a new pleading or other paper has been filed and servedThe motion asks the court to strike a part of a document because the language is so repetitive, irrelevant or improper that it should be deleted. If the court grants the motion, the offending language will be deleted, but the case will still proceed.
    For judgment on the pleadingsRule 12(c)

     

     

    Any party after all pleadings have been filed and served

     

     

    The motion asks the court to give judgment to the moving party because, based on the pleadings, the moving party should win as a matter of law. If the court grants the motion, the moving party wins the case (or some part of it).
    For summary judgment

     

     

    Rule 56

     

     

    Any party after all pleadings have been filed and served and before trial.The motion asks the court to give judgment to the moving party because, based on the pleadings, statements and other documents, the moving party should win as a matter of law. If the court grants the motion, the moving party wins the case (or some part of it). This motion is similar to motion for judgment on the pleadings, except that the court considers material in addition to the pleadings. To grant the motion, the court must find that no important facts are disputed and that the moving party is entitled to judgment as a matter of law.

    Forms for Juvenile Court Cases

    • 1101JU
    • 1102JU