Within 14 days after the the moving party files and serves the motion The chart below has more information when papers should be filed. If they do, be sure to attend. See our page on Going to Court for more information. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below. Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q). Most motions can be up to 15 double-spaced pages.Here are some tips to help you with your motion: Choose the right one for your situation from the forms section below. Reply Memorandum Supporting the Counter MotionĪt least 3 business days before the hearing Serve at least 28 days before the hearingĬounter Motion (must be served with Memorandum Opposing the Motion If the responding party files a counter motion, you can see more timelines below. The chart below has more information about when papers should be filed.

If you need help with the order, read about orders below. Be sure to attend. See our page on Going to Court for more information. If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below. Step 3: Wait, respond to any other paperwork, and attend the hearing If the other parties do not agree, you will need to have them served with the papers. If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion. Step 2: Serve the other parties in your case If there is no hearing scheduled, the commissioner will never read your motion.Īre you filing exhibits with your motion? If yes, read more about exhibits below.

If you do not file a Notice of Hearing, the court might not schedule your hearing. Because you are the party filing the motion, you are the 'moving party.' The other party is sometimes called the 'opposing party.'Īftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.įile both the motion and the Notice of Hearing with the court.If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 7(q). The judge might grant the request for hearing or might decide the motion based on the papers without a hearing.

You can request a hearing as part of the motion.

Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.

Be clear about what you want the judge to order. Include relevant details that support what you are asking for.

Say what you want and why you want it.

For example, if you need to ask the court to change discovery deadlines in your case, you can call your motion 'Motion to Change Discovery Deadlines.'

Title the motion to say what you want the court to order.

Make your motion easy to read to help the judge understand it. Choose the right one for your situation from the forms section below.

What is a motion to dismiss