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Rule 10-1-602. Orders to show cause.

Intent:

To describe the process for requesting an order to show cause.

Applicability:

This rule shall apply to the Sixth District Court.

Statement of the Rule:

(1) Motion. A party who seeks to enforce an order or a judgment ofa court against an opposing party may file an ex parte motion for an order toshow cause. The motion must be filed with the same court and in the same casein which that order or judgment was entered. The motion shall be made only onan ex parte basis, and the procedures of Rule 7 of the Utah Rules of CivilProcedure shall not apply.

(2) Affidavit. The motion for an order to show cause must beaccompanied by at least one supporting affidavit. Each supporting affidavitmust be based on personal knowledge and must set forth admissible facts and notmere conclusions. At least one supporting affidavit must state the title anddate of entry of the order or judgment which the moving party seeks to enforce.

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

(3)(A) state the title and date of entry of the order or judgmentwhich the moving party seeks to enforce;

(3)(B) specify the relief sought by the moving party;

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

(3)(D) order the opposing party to appear personally or throughlegal counsel at the first appearance;

(3)(E) state that no written response to the motion and order toshow cause is required;

(3)(F) state that the first appearance shall not be theevidentiary hearing, but shall be for the purpose of determining

(3)(F)(i) whether the opposing party contests the allegations madeby the moving party,

(3)(F)(ii) whether an evidentiary hearing is necessary,

(3)(F)(iii) the specific issues to be resolved through anevidentiary hearing, and (iv) the estimated length of any such evidentiaryhearing; and

(3)(G) state whether the moving party has requested that theopposing party be held in contempt and, if such a request has been made, recitethat the sanctions for contempt may include, but are not limited to, a fine of$1000 or less and a jail commitment of 30 days or less.

(4) Service. If the court grants the motion and issues an order toshow cause, the moving party must have the order, the motion and all supportingaffidavits served upon the opposing party. Service shall be made in the mannerprescribed for service of a summons and complaint, unless the moving partyshows good cause for service to be made by mailing or delivery to the opposingparty's counsel of record and the court so orders. The date of the opposingparty's first appearance on the order to show cause may not be sooner than fivedays after service thereof, unless

(4)(A) the motion requests an earlier first appearance date,

(4)(B) it clearly appears from specific facts shown by affidavitthat immediate and irreparable injury, loss, or damage will result to themoving party if the first appearance is not held sooner than five days afterservice of the order to show cause, and

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

(5) First Appearance. The opposing party's first appearance on theorder to show cause, at the date, time and place stated therein, shall not bethe evidentiary hearing. At the first appearance, the court shall determine

(5)(A) whether the opposing party contests the allegations made bythe moving party,

(5)(B) whether an evidentiary hearing is necessary,

(5)(C) the specific issues to be resolved through an evidentiaryhearing, and

(5)(D) the estimated length of any such evidentiary hearing. Thecourt may order the parties to file memoranda on legal issues before theevidentiary hearing. If the opposing party does not contest the allegationsmade by the moving party, the court may proceed at the first appearance as thecircumstances require.

(6) Evidentiary Hearing. At the evidentiary hearing on a contestedorder to show cause, the moving party shall bear the burden of proof on allallegations which are made in support of the order.

(7) Limitations. An order to show cause may not be requested inorder to obtain an original order or judgment; for example, an order to showcause may not be used to obtain a temporary restraining order or to establishtemporary orders in a divorce case. This rule shall apply only in civilactions, and shall not be applied to orders to show cause in criminal actions.This rule does not apply to an order to show cause issued by a court on its owninitiative.