Motions

A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer.

If you do not have a case, you cannot file a motion. See our page on Court Rules & Procedures for more information about how to take a case to court.

What are you trying to do?

How to file a motion

This page can help you find information and forms to file your motion. Answer two questions to find help for your situation:

What is your motion about?
Will your motion be decided by a judge or commissioner?

What is your motion about?

My motion is about a family law case (like adoption, custody, or divorce)

Motion to appoint a parent coordinator
Motion to change venue in a domestic case (using OCAP, the Online Court Assistance Program)
Motion to dismiss
Motion to excuse mediation
Motion to grant divorce and decide other issues later (bifurcate divorce)
Motion to Intervene in Adoption
Motion to modify child support
Motion for temporary order
Motion to waive divorce waiting period
Motion to waive divorce education requirements

My motion is about helping me get started with my case

Motion for alternative service
Motion to waive filing fees

My motion is about changing a court hearing or location

Motion to appear remotely
Motion to change venue
Motion to continue hearing or trial

My motion is asking for help after my case is over (a judgment, order or sentence has been entered)

Motion to correct clerical mistake
Motion to declare a Judgment Satisfied
Motion to delay (stay) enforcement of a judgment
Motion to Enforce Order
Motion to reduce conviction (402 motion)
Motion to renew judgment
Motion to Set Aside Judgment
Motion to Shorten Period of Driver’s License Suspension or Denial
Motion to vacate dismissal and reinstate civil case

My motion is about something else

Motion to dismiss a civil case
Motion or default judgment
Motion to stay a case under the Servicemembers Civil Relief Act

If your motion is not listed here, then we do not have a form for your specific motion. But we still have some basic forms you can use. Keep reading below for more help.

Will your motion be decided by a judge or commissioner?

Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.

If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.

Do you have a family law case?

Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.

No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.

Was your case filed in the 1st, 2nd, 3rd, or 4th district?

Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, answer the next question.

No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.

I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.

What is your motion for?

Some motions are always decided by a judge. Is your motion for one of the below?

Motion for alternative service
Motion to waive divorce waiting period
Motion to waive divorce education class

If yes, your motion will be decided by a judge. Scroll down to How to File a Motion Decided by a Judge.

If your motion is for something else, it will be decided by a commissioner. Scroll down to How to File a Motion Decided by a Commissioner.

Filing your motion

How to File a Motion Decided by a Commissioner

Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:

Type or clearly print the motion. Use short sentences. Make your motion easy to read to help the judge understand it.
Title the motion to say what you want the court to order. 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."
Say what you want and why you want it. Include relevant details that support what you are asking for. Be clear about what you want the judge to order.
Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.
You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing.
Commissioner motions can have up to 10 pages of argument. For more details about page limits, read Utah Rule of Civil Procedure 101(i).
Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party."

Aftere 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.

If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.

Are you filing exhibits with your motion? If yes, read more about exhibits below.

Step 2: Serve the other parties in your case
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.

If the other parties do not agree, you will need to have them served with the papers.

Step 3: Wait, respond to any other paperwork, and attend the hearing
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.

The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.

If you need help with the order, read about orders below.

The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.

Documents	Who Files	Time to File and Serve
Motion	Moving party	Serve at least 28 days before the hearing
Memorandum Opposing the Motion	Responding party	At least 14 days before the hearing
Reply Memorandum Supporting the Motion	Moving party	At least 7 days before the hearing

Counter Motion Documents	Who Files	Time to File and Serve
Counter Motion (must be served with Memorandum Opposing the Motion	Responding party	At least 14 days before the hearing
Memorandum Opposing the Counter Motion	Original moving party	At least 7 days before the hearing
Reply Memorandum Supporting the Counter Motion	Responding party	At least 3 business days before the hearing

How to File a Motion Decided by a Judge

Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:

Type or clearly print the motion. Use short sentences. Make your motion easy to read to help the judge understand it.
Title the motion to say what you want the court to order. 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."
Say what you want and why you want it. Include relevant details that support what you are asking for. Be clear about what you want the judge to order.
Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.
You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing.
Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q).
Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party."

Are you filing exhibits with your motion? If yes, read more about exhibits below.

If the other parties do not agree, you will need to have them served with the papers.

Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
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.

Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. 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.

The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.

If you need help with the order, read about orders below.

The chart below has more information when papers should be filed.

Documents	Who Files	Time to File and Serve
Motion	Moving party
Memorandum Opposing the Motion	Responding party	Within 14 days after the the moving party files and serves the motion
Reply Memorandum Supporting Motion	Moving party	Within 7 days after the responding party files and serves the Memorandum Opposing the Motion
Request to Submit for Decision	Moving party	After the last document in this list is filed, or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion