Utah Motion to Transfer for Amount in Excess of Court's Jurisdiction

State:
Multi-State
Control #:
US-MOT-01424
Format:
Word; 
Rich Text
Instant download

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This form is a sample pleading Motion to Transfer for Amount in Excess of Court's Jurisdiction. You may find the language useful in drafting similar pleadings. Adapt to your circumstances as necessary. Available in several standard formats.
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FAQ

(a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition?including blood group?is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

A party may serve upon any other party a written request to admit the truth of any discoverable matter set forth in the request, including the genuineness of any document.

If the party objects to a request, the party must state the reasons for the objection with specificity. Any reason not stated is waived unless excused by the court for good cause. An objection must state by individual item or by category whether any responsive items are being withheld on the basis of that objection.

Utah Rule Civil Procedure 56 - Summary Judgment In order to support a motion for summary judgment under Utah law, the party making the motion must demonstrate that there are sufficient undisputed facts to establish that a judgment as a matter of law is appropriate.

When the mental or physical condition or attribute of a party or of a person in the custody or control of a party is in controversy, the court may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party's custody or ...

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 medical examination is not a matter of right, but should only be permitted by the trial court upon a showing of good cause. Rule 35 has always provided, and still provides, that the proponent of an examination must demonstrate good cause for the examination.

If the other party lives in a different state from where you filed your initial court petition, then s/he might file a motion to dismiss for lack of personal jurisdiction. This means that the state where you filed might not have jurisdiction (power) over the other party.

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Utah Motion to Transfer for Amount in Excess of Court's Jurisdiction