Kristopher K. Greenwood & Associates
Salt Lake City – Ogden
Kristopher K. Greenwood & Associates

Salt Lake City – Ogden

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Experienced Divorce and Family Law Attorneys Serving All of Utah

Adverse judgment could follow failure to adhere to rule changes

On Behalf of | Oct 28, 2021 | Divorce

If you want to position yourself for success in your family law dispute, then you need to know how to navigate the intricacies of the law. While this certainly means understanding the applicable statutes and how to make compelling legal arguments in court, it also means knowing how to navigate the intricate procedural issues that might arise. Making one seemingly minor mistake here could delay your case and result in unwanted consequences.

Recent updates to Utah’s rules of civil procedure

Many rules of civil procedure have been updated recently to include new requirements. Here are some of them:

  • Rule 7 motions that are made to judges must now contain cautionary language in the top right-hand corner of the first page that says, “This motion requires you to respond. Please see the Notice to Responding Party.” This language must be bolded.
  • Rule 101 motions that are filed before commissioners must have similar cautionary language, indicating that the motion will be set for a hearing, failure to appear at the hearing could result in an adverse decision, and the receiving party has 14 days to file a response.
  • All general pleadings under Rule 8 must have language that indicates that a failure to respond within applicable time limits could lead to a judgment against the receiving party.
  • Requests for admissions sent under Rule 36 must warn the recipient that a failure to respond within 28 days will lead the court to consider the asserted facts admitted.

What this means for you

These updates mean that your motions, notices, and discovery requests must be carefully drafted, otherwise they won’t have any teeth. You also need to pay attention to any motions you receive so that you can respond accordingly and protect your interests. Keep in mind, too, that this is just a sampling of the nuances that you’ll have to navigate if you hope to protect your interests in your divorce or family law case. This is why it is wise to seek out assistance when dealing with these kinds of matters.


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