This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Verified Complaint Form With Motion In Utah
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Motions, on the other hand, ask judges to make decisions. Motions are mostly written but can be oral requests that can be presented only after the complaint has been filed. Motions should be accompanied by statutory and case law to persuade the judge to issue an order ingly.
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.
Rule 11 was designed to highlight the importance of constitutional rights by requiring the judge in district court to discuss these rights with the defendant before accepting his plea. In other words, Rule 11 was created to help the defendant understand the basic consequences of the decision to plead guilty.
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.
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.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
The consequences of the motion: A motion to enforce, if approved, inflicts no punishment on the non-compliant party and instead serves as a reminder to fulfill their legal duties. Alternatively, a motion for contempt can result in jail time or fines for not following a verdict.
Alternatively, the motion could seek dismissal of one or more causes of action alleged in the complaint. In some U.S. jurisdictions, such as California, these filings are known as “demurrers.” However, “motion to dismiss” is the prevailing terminology in most states and U.S. federal court.
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.