Utah Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing

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Multi-State
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US-02610BG
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Description

Show-cause hearings occur when the alleged victim of a crime or the police files an Application for a Criminal Complaint with the court. After an application has been filed, the court will send the defendant a notice in the mail requesting him or her to appear before a clerk-magistrate in a criminal show-cause hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating "probable cause" that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed; 2) the complaint is issued, or 3) the complaint is continued.


If the complaining party fails to show probable cause, the complaint will be dismissed. This means that no charges will be filed against the defendant and neither the application nor the hearing outcome will appear on the defendants criminal record.


If probable cause is shown, the clerk-magistrate may decide that the complaint be issued. If the complaint is issued, the defendant will be arraigned in the district court. At arraignment the defendant will be formally charged with a crime and may be provided court-appointed counsel if he or she is financially eligible. Issuance of the complaint is not a determination of guilt or innocence, but the charges will appear on the defendants criminal record.

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FAQ

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

A request for an order must be made by motion. The motion must be in writing unless made during a hearing or trial, must state the relief requested, and must state the grounds for the relief requested. Except for the following, a motion must be made in ance with this rule.

Utah Rule Civil Procedure 56 - Summary Judgment Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.

These hearings are conducted primarily to determine if you and the State of Utah can reach a plea bargain. This is called Waiver Hearing because if you reach a plea bargain with the State, a preliminary hearing and trial will not be necessary, and you will ?waive? them.

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.

(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.

A Utah Order to Show Cause is typically a situation where some or all the terms of an agreement reached in court as a result of a criminal charge were not properly completed or were not completed within the given timeframe as outlined in the agreement.

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Utah Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing