Rule 101. Motion practice before courtcommissioners.
(a) Written motion required. Anapplication to a court commissioner for an order must be by motion which,unless made during a hearing, must be made in accordance with this rule. Amotion must be in writing and state succinctly and with particularity therelief sought and the grounds for the relief sought. Anyevidence necessary to support the moving party's position must be presented byway of one or more affidavits or declarations or other admissible evidence. Themoving party may also file a supporting memorandum.
(b) Time to file and serve. The movingparty must file the motion and any supporting papers with the clerkof the court and obtain a hearing date and time. The moving party must serve theresponding party with the motion and supporting papers,together with notice of the hearing at least 28 daysbefore the hearing. If service is more than 90 days after the date of entry ofthe most recent appealable order, service may not be made through counsel.
(c) Response. Any other party may file a response, consisting of any responsive memorandum,affidavit(s) or declaration(s). ?The response must be filed and served on the moving party at least 14 days before the hearing.
(d) Reply. The moving party may file a reply, consisting of any reply memorandum,affidavit(s) or declaration(s). The reply must be filed and served on theresponding party at least 7 days before the hearing. The contents of the replymust be limited to rebuttal of new matters raised in the response to themotion.
(e) Countermotion. Responding to a motion is not sufficient to grant relief to theresponding party. A responding party may requestaffirmative relief by way of a counter motion. A counter motion need not belimited to the subject matter of the original motion. All of the provisions ofthis rule apply to counter motions except that a counter motion must befiled and served with the response. Any response to the counter motion must befiled and served no later than the reply to the motion. Any reply to theresponse to the counter motion must be filed and served at least 3 business days before the hearing. The reply must be served in a mannerthat will cause the reply to be actually received by the party responding tothe counter motion (i.e. hand-delivery, fax or other electronic delivery asallowed by rule or agreed by the parties) at least 3 business days before thehearing. A separate notice of hearing on counter motions is notrequired.
(f) Necessary documentation. Motions and responses regarding temporaryorders concerning alimony, child support,division of debts, possession or disposition of assets, or litigation expenses,must be accompanied by verified financial declarations with documentary incomeverification attached as exhibits, unless financialdeclarations and documentation are already in the court's file and remaincurrent. Attachments for motions and responses regarding child supportand child custody must also include a child support worksheet.
(g) No other papers. No moving or responding papers other than those specified in this ruleare permitted.
(h) Exhibits; objection to failure to attach.
(h)(1) Except asprovided in paragraph (h)(3) of this rule, any documents such as tax returns,bank statements, receipts, photographs, correspondence, calendars, medicalrecords, forms, or photographs must be supplied to the court as exhibits to oneor more affidavits (as appropriate) establishing the necessary foundationalrequirements. Copies of court papers such as decrees, orders, minute entries,motions, or affidavits, already in the court's case file, may not be filed asexhibits. Court papers from cases other than that before the court, such asprotective orders, prior divorce decrees, criminal orders, information ordockets, and juvenile court orders (to the extent the law does not prohibittheir filing), may be submitted as exhibits.
(h)(2) If papers orexhibits referred to in a motion or necessary to support the moving party?sposition are not served with the motion, the responding party may fileand serve an objection to the defect with the response. If papers orexhibits referred to in the response or necessary to support the responding party?s positionare not served with the response, the moving party may file and serve anobjection to the defect with the reply. The defect must be cured within 2business days after notice of the defect or at least 3 business days before the hearing,whichever is earlier.
(h)(3) Voluminousexhibits which cannot conveniently be examined in court may not be filed asexhibits, but the contents of such documents may be presented in the form of asummary, chart or calculation under Rule 1006 of the Utah Rules of Evidence.Unless they have been previously supplied through discovery or otherwise andare readily identifiable, copies of any such voluminous documents must besupplied to the other parties at the time of the filing of the summary, chartor calculation. The originals or duplicates of the documents must be availableat the hearing for examination by the parties and the commissioner. Collectionsof documents, such as bank statements, checks, receipts, medical records,photographs, e-mails, calendars and journal entries, that collectively exceedten pages in length must be presented in summary form. Individual documentswith specific legal significance, such as tax returns, appraisals, financialstatements and reports prepared by an accountant, wills, trust documents,contracts, or settlement agreements must be submitted in their entirety.
(i) Length. Initial and responding memoranda may not exceed 10 pages of argumentwithout leave of the court. Reply memoranda may not exceed 5 pages of argumentwithout leave of the court. The total number of pages submitted to the court byeach party may not exceed 25 pages, including affidavits, attachments andsummaries, but excluding financial declarations and income verification. Thecourt commissioner may permit the party to file an over-length memorandum uponex parte application and showing of good cause.
(j) Latefilings; sanctions. If a party files or serves papers beyond the timerequired in this rule,the court commissioner may hold or continue the hearing, reject the papers, imposecosts and attorney fees caused by the failure and by the continuance, andimpose other sanctions as appropriate.
(k) Limit on order to show cause. Anapplication to the court for an order to show cause may be made only forenforcement of an existing order or for sanctions for violating an existingorder. An application for an order to show cause must be supported by affidavitor other evidence sufficient to show cause to believe a party has violated acourt order.
(l)(1) The courtcommissioner may not hold a hearing on a motion for temporary orders before thedeadline for an appearance by the respondent under Rule 12.
(l)(2) Unless thecourt commissioner specifically requires otherwise, when the statement of aperson is set forth in an affidavit, declaration or other document accepted bythe commissioner, that person need not be present at the hearing. Thestatements of any person not set forth in an affidavit, declaration or otheracceptable document may not be presented by proffer unless the person ispresent at the hearing and the commissioner finds that fairness requires itsadmission.
(m) Motionsto judge. The following motions must be to the judge to whom the case isassigned: motion for alternative service; motion to waive 90-day waitingperiod; motion to waive divorce education class; motion for leave to withdrawafter a case has been certified as ready for trial; and motions in limine. Acourt may provide that other motions be considered by the judge.
(n) Objection to court commissioner'srecommendation. A recommendationof a court commissioner is the order of the court until modified by the court.A party may object to the recommendation by filing an objection under Rule 108.