[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Re: Motion to Discharge — [Case Name and Number] Dear [Judge's Last Name], I, [Your Name], the defendant/petitioner in the above-mentioned case, hereby submit this Motion to Discharge, pursuant to Rule XX of the Utah Rules of Civil Procedure/Utah Code [mention specific sections or rules if applicable], and respectfully request the honorable court's consideration and approval of this motion. Brief Background: Provide a concise summary of the case, including key dates, parties involved, and any relevant information necessary to understand the context of the motion. Nature of Motion: Clearly state that the purpose of the motion is to seek a discharge from any further legal obligations, penalties, or liabilities in connection with the aforementioned case. Specify whether it is a Motion to Discharge Debtor (for bankruptcy cases) or any other applicable type. Grounds for Discharge: In this section, explain the reasons why you are seeking a discharge. Clearly outline the legal basis, facts, and circumstances that warrant a discharge, such as complete satisfaction of the judgment, fulfillment of underlying obligations, compliance with court orders, or any other relevant grounds specific to the case. Legal Arguments: Present any applicable laws, rules, or regulations that support your motion to discharge. Cite relevant provisions from the Utah Code, Utah Rules of Civil Procedure, or any other legal authorities to reinforce your argument. If there are any prior court precedents that are favorable to your position, mention those as well. Supporting Evidence: Include any supporting documentation that substantiates your claims, such as payment receipts, compliance reports, court orders, or any other relevant evidence that further strengthens your case for discharge. Make sure to attach these documents as exhibits and refer to them in the body of the motion. Conclusion: In conclusion, reiterate your request for a discharge and express gratitude for the court's time and consideration. Restate your contact information and willingness to provide any additional information or clarifications requested. Thank you for your attention to this matter. I respectfully request a timely hearing on this motion in accordance with the court's schedule. Please notify me of the hearing date and any further instructions. Yours sincerely, [Your Name]
Utah Sample Letter for Motion to Discharge
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How to fill out Utah Sample Letter For Motion To Discharge?
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?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
For example, an employer might admit in a without prejudice communication that it had failed to carry out certain procedures which might otherwise render a dismissal unfair, but the employee would normally not be able to show that admission to an Employment Tribunal to try and prove their claim.
REQUEST FOR DISMISSAL Definition & Legal Meaning a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.
A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.
A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.
Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.
This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.
