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ORDERS TO SHOW CAUSE

Rule 10-1-501. Orders to showcause.

Intent:

To describe the process forrequesting an order to show cause.

Applicability:

This rule shall apply to theFifth District Court.

Statement of the Rule:

(1)Motion. A party who seeks to enforce an order or a judgment of a court againstan opposing party may file an ex parte motion for an order to show cause. Themotion must be filed with the same court and in the same case in which thatorder or judgment was entered. The motion shall be made only on an ex parte basis,and the procedures of Rule 7 of the Utah Rules of Civil Procedure shall notapply.

(2) Affidavit. The motion foran order to show cause must be accompanied by at least one supportingaffidavit. Each supporting affidavit must be based on personal knowledge andmust set forth admissible facts and not mere conclusions. At least onesupporting affidavit must state the title and date of entry of the order orjudgment which the moving party seeks to enforce.

(3) Order. The motion for anorder to show cause must be accompanied by the proposed order to show cause,which shall:

(3)(A) state the title and dateof entry of the order or judgment which the moving party seeks to enforce;

(3)(B) specify the reliefsought by the moving party;

(3)(C) order the opposing partyto make a first appearance in court at a specific date, time and place and,then and there, to explain why or whether the opposing party acted or failed toact in compliance with such order or judgment;

(3)(D) order the opposing partyto appear personally or through legal counsel at the first appearance;

(3)(E) state that no writtenresponse to the motion and order to show cause is required;

(3)(F) state that the firstappearance shall not be the evidentiary hearing, but shall be for the purposeof determining

(3)(F)(i) whether the opposingparty contests the allegations made by the moving party,

(3)(F)(ii) whether anevidentiary hearing is necessary,

(3)(F)(iii) the specific issuesto be resolved through an evidentiary hearing, and (iv) the estimated length ofany such evidentiary hearing; and

(3)(G)state whether the movingparty has requested that the opposing party be held in contempt and, if such arequest has been made, recite that the sanctions for contempt may include, butare not limited to, a fine of $1000 or less and a jail commitment of 30 days orless.

(4) Service. If the courtgrants the motion and issues an order to show cause, the moving party must havethe order, the motion and all supporting affidavits served upon the opposingparty. Service shall be made in the manner prescribed for service of a summonsand complaint, unless the moving party shows good cause for service to be madeby mailing or delivery to the opposing party's counsel of record and the courtso orders. The date of the opposing party's first appearance on the order toshow cause may not be sooner than five days after service thereof, unless

(4)(A) the motion requests anearlier first appearance date,

(4)(B) it clearly appears fromspecific facts shown by affidavit that immediate and irreparable injury, loss,or damage will result to the moving party if the first appearance is not heldsooner than five days after service of the order to show cause, and

(4)(C) the court agrees to anearlier first appearance date.

(5) First Appearance. Theopposing party's first appearance on the order to show cause, at the date, timeand place stated therein, shall not be the evidentiary hearing. At the firstappearance, the court shall determine

(5)(A) whether the opposingparty contests the allegations made by the moving party,

(5)(B) whether an evidentiaryhearing is necessary,

(5)(C) the specific issues tobe resolved through an evidentiary hearing, and

(5)(D) the estimated length ofany such evidentiary hearing. The court may order the parties to file memorandaon legal issues before the evidentiary hearing. If the opposing party does notcontest the allegations made by the moving party, the court may proceed at thefirst appearance as the circumstances require.

(6) Evidentiary Hearing. At theevidentiary hearing on a contested order to show cause, the moving party shallbear the burden of proof on all allegations which are made in support of theorder.

(7) Limitations. An order toshow cause may not be requested in order to obtain an original order orjudgment; for example, an order to show cause may not be used to obtain atemporary restraining order or to establish temporary orders in a divorce case.This rule shall apply only in civil actions, and shall not be applied to ordersto show cause in criminal actions. This rule does not apply to an order to showcause issued by a court on its own initiative.