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Rule 101. Motion practice before court commissioners.

(a) Written motion required. An application to a court commissioner foran order must be by motion which, unless made during a hearing, must be made inaccordance with this rule. A motion must be in writing and state succinctly andwith particularity the relief sought and the grounds for the reliefsought. Any evidence necessary to support the moving party's position mustbe presented by way of one or more affidavits or declarations or otheradmissible evidence. The moving party may also file a supporting memorandum.

(b) Time to file and serve. The moving party must file the motion and anysupporting papers with the clerk of the court and obtain a hearing dateand time. The moving party must serve the responding party with the motionand supporting papers, together with notice of the hearing atleast 28 days before the hearing. If service is more than 90 days afterthe date of entry of the most recent appealable order, service may not be madethrough counsel.

(c) Response. Any other party may file a response, consisting ofany responsive memorandum, affidavit(s) or declaration(s).  Theresponse must be filed and served on the moving party atleast 14 days before the hearing.

(d) Reply. The moving party may file a reply, consisting of any replymemorandum, affidavit(s) or declaration(s). The reply must be filed and servedon the responding party at least 7 days before the hearing. The contents of thereply must be limited to rebuttal of new matters raised in the response to themotion.

(e) Counter motion. Responding to a motion is not sufficient to grant relief tothe responding party. A responding party may request affirmative relief byway of a counter motion. A counter motion need not be limited to the subjectmatter of the original motion. All of the provisions of this rule apply tocounter motions except that a counter motion must be filed and served with theresponse. Any response to the counter motion must be filed and served no laterthan the reply to the motion. Any reply to the response to the counter motionmust be filed and served at least 3 business days before the hearing. Thereply must be served in a manner that will cause the reply to be actuallyreceived by the party responding to the counter motion (i.e. hand-delivery, faxor other electronic delivery as allowed by rule or agreed by the parties) atleast 3 business days before the hearing. A separate notice of hearing oncounter motions is not required.

(f) Necessary documentation. Motions andresponses regarding temporary orders concerning alimony, childsupport, division of debts, possession or disposition of assets, or litigationexpenses, must be accompanied by verified financial declarations withdocumentary income verification attached as exhibits, unlessfinancial declarations and documentation are already in the court's file andremain current. Attachments for motions and responses regarding child supportand child custody must also include a child supportworksheet.

(g) No other papers. No moving or responding papers other than those specified inthis rule are 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 as protectiveorders, prior divorce decrees, criminal orders, information or dockets, andjuvenile court orders (to the extent the law does not prohibit their filing),may be submitted as exhibits.

(h)(2) If papers orexhibits referred to in a motion or necessary to support themoving party?s position are not served with the motion, theresponding party may file and serve an objection to the defect with theresponse. If papers or exhibits referred to in the responseor necessary to support the responding party?s position are notserved with the response, the moving party may file and serve an objection tothe defect with the reply. The defect must be cured within 2 business daysafter notice of the defect or at least 3 business days before thehearing, 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 ofargument without leave of the court. Reply memoranda may not exceed 5 pages ofargument without leave of the court. The total number of pages submitted to thecourt by each party may not exceed 25 pages, including affidavits, attachmentsand summaries, but excluding financial declarations and income verification.The court commissioner may permit the party to file an over-length memorandumupon ex parte application and showing of good cause.

(j) Late filings; sanctions. If a party filesor serves papers beyond the time required in this rule, the courtcommissioner may hold or continue the hearing, reject the papers, impose costsand attorney fees caused by the failure and by the continuance, and imposeother sanctions as appropriate.

(k) Limit on order to show cause. An application tothe court for an order to show cause may be made only for enforcement of anexisting order or for sanctions for violating an existing order. An applicationfor an order to show cause must be supported by affidavit or other evidencesufficient to show cause to believe a party has violated a court order.

(l) Hearings.

(l)(1) The court commissionermay not hold a hearing on a motion for temporary orders before the deadline foran appearance by the respondent under Rule 12.

(l)(2) Unless the courtcommissioner specifically requires otherwise, when the statement of a person isset forth in an affidavit, declaration or other document accepted by thecommissioner, that person need not be present at the hearing. The statements ofany person not set forth in an affidavit, declaration or other acceptabledocument may not be presented by proffer unless the person is present at thehearing and the commissioner finds that fairness requires its admission.

(m) Motions to judge. The following motions must be to the judge to whom the caseis assigned: motion for alternative service; motion to waive 30-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's recommendation. 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 underRule 108.

 

Effective May 8, 2018 pursuant to CJA Rule11-105(5)