Utah Motion to Release Property from Levy upon Filing Bond

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Multi-State
Control #:
US-03319BG
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Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

(5) Limits on standard fact discovery. TierAmount of DamagesTotal Fact Deposition Hours1$50,000 or less32More than $50,000 and less than $300,000 or non-monetary relief153$300,00 or more304Domestic relations actions4

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.

The Rule Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

The statute of limitations for renewing a judgment is 8 years from the date of the judgment. Utah Code Section 78B-2-311.

The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

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.

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Utah Motion to Release Property from Levy upon Filing Bond