(a) Motion. To enforce a court order or to obtain a sanctions order for violation of an order, including in supplemental proceedings under Rule 64, a party must file an ex parte motion to enforce order and for sanctions (if requested), pursuant to this rule and Rule 7.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
except when made during a trial or hearingmust be in writing, unless the court permits the party to make the motion by other means. must state the grounds on which it is based and the relief or order sought. may be supported by affidavit.
Time to Respond In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.
Instead of answering, the defendant may file one of the motions described in Utah Rule of Civil Procedure 12. If the judge grants the motion, the judge's order will direct the parties what to do next. If the judge denies the motion, the defendant must file an answer within 14 days after the judge's order.
If a party fails to respond to an opponent's argument, the Court will find that the argument is waived for the purpose of the pending motion (but not for the purpose of future motions). Furthermore, perfunctory and undeveloped arguments are waived. United States v. Berkowitz, 927 F.
Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
Rule 7B. (b) Probable cause determination. If from the evidence the magistrate finds probable cause to believe that the crime charged has been committed and that the defendant has committed it, the magistrate must order that the defendant be bound over for trial.