Utah Order Regarding Motion and Briefing
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How to fill out Utah Order Regarding Motion And Briefing?
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FAQ
The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
Remember a judge is always under oath in the courtroom, Citing invalid laws or precedents.This is more unusual because a judge typically can't ignore a law without explaining why. The judge would have to break two rules in order to accomplish this one.
Unless the court orders otherwise, a notice of motion must be served at least 3 days before the date fixed for the motion.
It is hard to generalize, but it is my experience that most judges do not read the motion papers until few days before the hearing date. By that time, all motion papers, including the opposition and...
Each judge has her/his own habits and it's difficult to speak to the speed of a judge outside of my personal experience. But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months.
You need to set your motion(s) for hearing to get it before the Court. Otherwise, the Court will not address your motion(s), which is why you feel like you are being ignored. Thus, you must file a notice of hearing on your motion and go before the...
If the hearing was to argue a motion made by the other side, and that party did not appear for argument, then the court denying the motion means that the moving party was not granted the relief being sought or requested. In other words, you win.
You have only 14 days to respond to a regular motion. The time to respond runs from the date the motion was filed. Check the certificate of service, which should be included with the Motion papers. If you need to respond to an Administrative Motion, you have only 4 days.