Utah Proposed Findings of Fact and Conclusions of Law are legal documents that are submitted to the court by either party in a dispute to present the facts of the case and the legal conclusions that can be drawn from them. The Findings of Fact contain a factual summary of the dispute, including the background of the parties, the evidence presented, and the parties’ respective positions. The Conclusions of Law contain the legal analysis of the facts, including the legal standard that will be used to determine the outcome of the case. There are two types of Utah Proposed Findings of Fact and Conclusions of Law: (1) those submitted by the Plaintiff, and (2) those submitted by the Defendant.
Utah Proposed Findings of Fact and Conclusions of Law
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Proposed Findings of Fact and Conclusions of Law
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If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter non-final judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move for summary judgment at any time. Unless the court orders otherwise, a party may file a motion for summary judgment at any time no later than 28 days after the close of all discovery.
If the nonmoving party files a written opposition, the moving party may file a reply within 7 days of the filing of the opposition to the motion, unless the court sets a different time.
A party must state in simple, short and plain terms any defenses to each claim asserted and must admit or deny the statements in the claim. A party without knowledge or information sufficient to form a belief about the truth of a statement must so state, and this has the effect of a denial.
If the defendant is present at the initial appearance without counsel, the court must determine if the defendant is capable of retaining the services of an attorney within a reasonable time.
A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.
Rule 7 ? Pleadings allowed (b) Motions and Other Papers. (1) In General. A request for a court order must be made by motion. The motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought.
Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are. Conclusions of fact may be made by a jury or judges depending on agreement by the parties. These conclusions often dictate the outcome of a trial.