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Rule 7A. Motion to enforce order andfor sanctions.

(a) Motion. To enforce a court order or to obtain a sanctions order for violation ofan order, including in supplemental proceedings under Rule 64, a party mustfile an ex parte motion to enforce order and for sanctions (if requested),pursuant to this rule and Rule 7. Themotion must be filed in the same case in which that order was entered. Thetimeframes set forth in this rule, rather than those set forth in Rule 7, govern motions to enforceorders and for sanctions.

(b) Affidavit. The motion must state the title and date of entry of the order that themoving party seeks to enforce. The motion must be verified, or must beaccompanied by at least one supporting affidavit or declaration that is basedon personal knowledge and shows that the affiant or declarant is competent totestify on the matters set forth. The verified motion, affidavit, ordeclaration must set forth facts that would be admissible in evidence and thatwould support a finding that the party has violated the order.

(c) Proposed order. The motion must beaccompanied by a request to submit for decision and a proposed order to attendhearing, which must:

(1) statethe title and date of entry of the order that the motion seeks to enforce;

(2) statethe relief sought in the motion;

(3) state whether the motionis requesting that the other party be held in contempt and, if so, state thatthe penalties for contempt may include, but are not limited to, a fine of up to$1000 and confinement in jail for up to 30 days;

(4) order the other party toappear personally or through counsel at a specific place (the court?s address)and date and time (left blank for the court clerk to fill in) to explainwhether the nonmoving party has violated the order; and

(5) statethat no written response to the motion is required but is permitted if filed within14 days of service of the order, unless the court sets a different time, andthat any written response must follow the requirements of Rule 7.

(d) Service of the order. If the court issues an order to attend a hearing, themoving party must have the order, motion, and all supporting affidavits servedon the nonmoving party at least 28 days before the hearing. Service must be ina manner provided in Rule 4 if the nonmoving party is not represented bycounsel in the case. If the nonmoving party is represented by counsel in thecase, service must be made on the nonmoving party?s counsel of record in amanner provided in Rule 5. Forpurposes of this rule, a party is represented by counsel if, within the last120 days, counsel for that party has served or filed any documents in the caseand has not withdrawn. The court may shorten the 28day period if:

(1) themotion requests an earlier date; and

(2) itclearly appears from specific facts shown by affidavit that immediate andirreparable injury, loss, or damage will result to the moving party if thehearing is not held sooner.

(e) Opposition. A writtenopposition is not required, but if filed, must be filed within 14 days ofservice of the order, unless the court sets a different time, and must followthe requirements of Rule 7.

(f) Reply. If the nonmoving partyfiles a written opposition, the moving party may file a reply within 7 days ofthe filing of the opposition to the motion, unless the court sets a differenttime. Any reply must follow the requirements of Rule 7.

(g) Hearing. At the hearing the court may receive evidence, hear argument, and ruleupon the motion, or may request additional briefing or hearings. The movingparty bears the burden of proof on all claims made in the motion. At thecourt's discretion, the court may convene a telephone conference before thehearing to preliminarily address any issues related to the motion, includingwhether the court would like to order a briefing schedule other than as setforth in this rule.

(h) Limitations. This rule does not apply to an order that is issued by the court on itsown initiative. This rule does not apply in criminal cases or motions filedunder Rule 37. Nothingin this rule is intended to limit or alter the inherent power of the court toinitiate order to show cause proceedings to assess whether cases should bedismissed for failure to prosecute or to otherwise manage the court?s docket,or to limit the authority of the court to hold a party in contempt for failureto appear pursuant to a court order.

(i) Orders to show cause. The process set forth inthis rule replaces and supersedes the prior order to show cause procedure. Anorder to attend hearing serves as an order to show cause as that term is usedin Utah law.

 

EffectiveMay 1, 2021