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Rule 108. Objection to court commissioner?srecommendation.

(a) Arecommendation of a court commissioner is the order of the court until modifiedby the court. A party may file a written objection to the recommendation within14 days after the recommendation is made in open court or, if the courtcommissioner takes the matter under advisement, within 14 days after the minuteentry of the recommendation is served. A judge?s counter-signature on thecommissioner?s recommendation does not affect the review of an objection.

(b)The objection must identify succinctly and with particularity the findings offact, the conclusions of law, or the part of the recommendation to which theobjection is made and state the relief sought. The memorandum in support of theobjection must explain succinctly and with particularity why the findings,conclusions, or recommendation are incorrect. The time for filing, length andcontent of memoranda, affidavits, and request to submit for decision are asstated for motions in Rule 7.

(c)If there has been a substantial change of circumstances since the commissioner?srecommendation, the judge may, in the interests of judicial economy, consider newevidence. Otherwise, any evidence, whether by proffer, testimony or exhibit,not presented to the commissioner shall not be presented to the judge.

(d)(1) The judge may hold a hearing on any objection.

(d)(2) If the hearing before the commissioner was held under Utah CodeTitle 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental HealthFacilities, Utah Code Title 78B, Chapter 7, Protective Orders, or on an orderto show cause for the enforcement of a judgment, any party has the right, uponrequest, to present testimony and other evidence on genuine issues of materialfact.

(d)(3) If the hearing before the commissioner was in a domesticrelations matter other than a cohabitant abuse protective order, any party hasthe right, upon request:

(d)(3)(A) to present testimony and other evidence on genuine issues ofmaterial fact relevant to custody; and

(d)(3)(B) to a hearing at which the judge may require testimony orproffers of testimony on genuine issues of material fact relevant to issuesother than custody.

(e) Ifa party does not request a hearing, the judge may hold a hearing or review therecord of evidence, whether by proffer, testimony or exhibit, before thecommissioner.

(f)The judge will make independent findings of fact and conclusions of law basedon the evidence, whether by proffer, testimony or exhibit, presented to thejudge, or, if there was no hearing before the judge, based on the evidence presentedto the commissioner.