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The Utah Judiciary is committed to the open, fair, and efficient administration of justice under the law. Find important information on what to do about your case and where to find help on our Alerts and Information Page due to the impact of the COVID-19 outbreak.

El poder judicial de Utah está comprometido a la administración de justicia de una manera abierta, justa y eficiente bajo la ley. En nuestra página Información y alertas encontrará información importante sobre qué hacer en cuanto a su caso y dónde encontrar ayuda debido al impacto del brote de COVID-19.

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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 Vacate Dismissal and Reinstate Civil Case

Asking to reopen a dismissed case

In some situations, a party can ask to reopen a civil case that has been dismissed (closed) by the court.

If the case was dismissed by the court because of:

  • lack of prosecution, meaning there has been no activity in the case for a long time, or
  • failure to serve within 120 days of filing, or
  • failure to pay the filing fee,

a party can ask to set aside or "undo" the dismissal, and continue moving forward with the case.

Utah Rule of Judicial Administration 4-103 and Utah Rule of Civil Procedure 60(b)(1).

Requirements

The person asking to reopen the case must do so within 90 days of the dismissal.

The request must include an explanation of what mistake, inadvertence, surprise, or excusable neglect caused the case to be dismissed.

Procedure

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

Forms for the Moving Party
Required forms for the moving party
  • Motion To Vacate Dismissal and Reinstate Case - 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 Vacate Dismissal and Reinstate Case - 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
  • 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 Vacate Dismissal and Reinstate Case - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Vacate Dismissal and Reinstate Case - 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)

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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