Notice Requirements Have Changed for Commissioner Hearings
The rules have changed for motion practice before court commissioners, specifically Rule 101 of the Utah Rules of Civil Procedure. One of the important changes is the previously short time period for filing the moving papers, response papers, and reply papers have now become more like regular motion practice before judges. Specifically, a motion before a commissioner, such as a motion for temporary orders must be filed at least 28 days before the hearing is held. This is twice as many days as the previous rule which only require 14 days notice.
Similarly the response date and the reply dates have changed to 14 days and seven days respectively. Additionally, if the responding party wants his own affirmative relief, he will have to file a counter motion at the time he files his response. A response to any counter motion filed must be filed at the time of the filing of the moving party’s reply brief. Finally a reply to the response to the counter motion must be filed no later than three business days before the hearing.
What Documentation Must Be Filed in Commissioner Hearings
The most common divorce motion that comes before a commissioner is the motion for temporary orders. Typically those motions request temporary spousal and child support. When financial support is an issue in the motion, Rule 101 requires the parties to provide a financial declaration and supporting documentation concerning the parties’ income, debts, assets, financial accounts to be filed with the court. The court cannot make a determination on the financial issues without the required documentation. If a party neglects to file supporting financial documentation the responding party can object after which the party will have two business days to correct the deficiency (or three business days before the hearing, whichever is the earlier date).