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Rule 7B. Motion toenforce order and for sanctions in domestic law matters.

(a) Motion. To enforce a court order orto obtain a sanctions order for violation of an order, a party must file an ex partemotion to enforce order and for sanctions (if requested), pursuant to this ruleand Rule 7. The motion must be filedin the same case in which that order was entered. The timeframes set forth inthis rule, rather than those set forth in Rule 7, govern motions to enforceorders and for sanctions. If the motion is to be heard by a commissioner, themotion must also follow the procedures of Rule 101. For purpose of this rule,an order includes a decree.

(b) Affidavit. The motion must state thetitle and date of entry of the order that the moving party seeks to enforce.The motion must be verified, or must be accompanied by at least one supportingaffidavit that is based on personal knowledge and shows that the affiant iscompetent to testify on the matters set forth. The verified motion or affidavitmust set forth facts that would be admissible in evidence and that wouldsupport 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) state the title anddate of entry of the order that the motion seeks to enforce;

(2) state the reliefsought in the motion;

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

(4) order the other party to appear personally orthrough counsel at a specific place (the court's address) and date and time(left blank for the court clerk to fill in) to explain whether the nonmovingparty has violated the order; and

(5) state that no written response to the motionis required, but is permitted if filed at least 14 days before the hearing,unless the court sets a different time, and that any written response mustfollow the requirements of Rule 7, and Rule 101 if the hearing will be beforea commissioner.

(d) Service of the order. If the court issues an orderto attend a hearing, the moving party must have the order, motion, and allsupporting affidavits served on the nonmoving party at least 28 days before thehearing. Service must be in a manner provided in Rule 4 if the nonmoving party isnot represented by counsel in the case. If the nonmoving party is representedby counsel in the case, service must be made on the nonmoving party?s counselof record in a manner provided in Rule 5. For purposes of this rule, aparty is represented by counsel if, within the last 120 days, counsel for thatparty has served or filed any documents in the case and has not withdrawn. The court may shorten the 28day period if:

(1) the motion requestsan earlier date; and

(2) it clearly appearsfrom specific facts shown by affidavit that immediate and irreparable injury,loss, or damage will result to the moving party if the hearing is not heldsooner.

(e) Opposition. A written opposition is not required, but if filed, must be filed atleast 14 days before the hearing, unless the court sets a different time, andmust follow the requirements of Rule 7, and Rule 101 if thehearing will be before a commissioner.

(f) Reply. If the nonmoving party files a written opposition, the moving party mayfile a reply at least 7 days before the hearing, unless the court sets adifferent time. Any reply must follow the requirements of Rule 7, and Rule 101 if the hearing will be before a commissioner.

(g) Hearing. At the hearing the court mayreceive evidence, hear argument, and rule upon the motion, or may requestadditional briefing or hearings. The moving party bears the burden of proof onall claims made in the motion. At the court's discretion, the court may convenea telephone conference before the hearing to preliminarily address any issuesrelated to the motion, including whether the court would like to order abriefing schedule other than as set forth in this rule.

(h) Counter Motions. A responding party may request affirmative relief only by filing acounter motion, to be heard at the same hearing. 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 be filedand served with the opposition. Any opposition to the counter motion must befiled and served no later than the reply to the motion. Any reply to the oppositionto the counter motion must be filed and served at least 3 business days beforethe hearing in a manner that will cause the reply to be actually received bythe party responding to the counter motion (i.e. hand-delivery, fax or otherelectronic delivery as allowed by rule or agreed by the parties). The party whofiled the counter motion bears the burden of proof on all claims made in thecounter motion. A separate proposed order is required only for counter motionsto enforce a court order or to obtain a sanctions order for violation of anorder, in which case the proposed order for the counter motion must:

(1) state the title anddate of entry of the order that the counter motion seeks to enforce;

(2) state the reliefsought in the counter motion;

(3) state whether the counter motion isrequesting that the other party be held in contempt and, if so, state that thepenalties 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 to appear personally orthrough counsel at the scheduled hearing to explain whether that party hasviolated the order; and

(5) state that no written response to thecountermotion is required, but that a written response is permitted if filed atleast 7 days before the hearing, unless the court sets a different time, andthat any written response must follow the requirements of Rule 7, and Rule 101 if the hearing will be beforea commissioner.

(i) Limitations. This rule does not apply toan order that is issued by the court on its own initiative. This rule appliesonly to domestic relations actions, including divorce; temporary separation;separate maintenance; parentage; custody; child support; adoptions; cohabitantabuse protective orders; child protective orders; civil stalking injunctions;grandparent visitation; and modification actions. Nothing in this rule isintended to limit or alter the inherent power of the court to initiate order toshow cause proceedings to assess whether cases should be dismissed for failureto prosecute or to otherwise manage the court?s docket, or to limit theauthority of the court to hold a party in contempt for failure to appearpursuant to a court order.

(j) Orders to show cause. The process set forth in this rule replaces andsupersedes the prior order to show cause procedure. An order to attend hearingserves as an order to show cause as that term is used in Utah law.

 

Effective May 1, 2021