Utah Family Law Knowledge Base | LOTUSLEGAL

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4-903 Settlement Conference

A 4-903 hearing is a settlement conference where the custody evaluator presents their recommendations to the court, followed by mediation to discuss and possibly resolve these recommendations.

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Adoption Hearing

A final adoption hearing is a court proceeding in which the judge reviews all necessary filings and makes a final ruling on the adoption. The child must be present during this hearing.

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Alternate Service

When a process server is unable to serve an individual after multiple attempts, alternate service documents are filed, requesting the court's permission to serve the individual through alternative means.

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Answer/Counter-Petition

These documents include the Answer to a Petition and may also include a Counter-Petition that presents additional requests to the court.

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Attorney Fees

A request for attorney fees asks the court to order one party to pay the legal fees of the other. If approved, the responsible party must pay the amount ordered, but the client remains liable for any outstanding fees to their attorney.

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Case Management Conference (CMC)

A CMC is a court-mandated conference aimed at managing the progression of the case to ensure that it moves forward efficiently.

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Consolidation Hearing

This hearing addresses a request to combine two or more cases into one. The court will decide whether to consolidate the cases and, if so, under which case number.

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Custody Evaluation Hearing

A Custody Evaluation hearing is a hearing where a Custody Evaluator assesses both parties and the child(ren) and provides recommendations to the court regarding custody and parent-time arrangements.

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Default Request

If a party fails to respond to a petition within the required timeframe, a request for default may be filed. If granted, the court may approve all the requests made in the petition.

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Discovery

Discovery involves the exchange of evidence between parties. These documents are essential for trial preparation and may include requests for information or objections to requests made by the opposing party.

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Final Orders

Final orders are the official court-approved decisions that conclude a case. Once signed, they are binding on all parties involved.

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Financial Declaration (Fin Dec)

A financial declaration provides a summary of an individual's finances, which the court uses for various calculations during the case.

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Guardian ad Litem (GAL)

A GAL is a court-appointed attorney who represents the interests of the child(ren) in a case, gathering information and providing recommendations to the court.

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Motion for Summary Judgment (MSJ)

A motion for summary judgment requests that the court rule on specific issues that are no longer in dispute, potentially resolving parts of the case without a trial.

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Motion to Amend

A motion to amend requests the court's permission to modify an existing petition to reflect current requests.

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Motion to Compel

A motion to compel asks the court to order a party to comply with a request, such as providing documents or information.

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Motion to Establish Parent-Time

This motion requests that the court establish a formal schedule for parent time, detailing when each parent has custody of the child(ren).

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Motion to Waive Courses

This motion requests that the court waive the requirement for a party to complete divorce-related courses, allowing the case to proceed without this requirement.

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Motion to Withdraw

A motion to withdraw is filed by an attorney seeking to be removed as counsel in a case, usually requiring court approval.

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Name Change Hearing

A name change hearing is a court proceeding where a judge reviews the request for a legal name change, asks relevant questions, and makes a final decision.

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Objection to Form

An objection to form is filed when a party disagrees with the wording of a proposed order, arguing that it does not accurately reflect the court's decision.

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Objection to Recommendation

This objection is filed when a party disagrees with the court's ruling or the recommendations made during a hearing, which may lead to a further hearing.

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Petition to Modify (PTM)

A petition to modify requests changes to an existing court order, such as altering custody or support arrangements.

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Pre-Trial Conference (PTC) - Commissioner

A PTC with a commissioner is a hearing to discuss the issues that need to be addressed at trial and to set a timeline for trial preparation.

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Pre-Trial Conference (PTC) - Judge

This PTC with a judge is where the trial dates are scheduled, and discussions may occur about a judicial settlement conference to resolve the case without a trial.

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Protective Order (PO) Hearing - Adult

A protective order hearing for adults is where the court reviews a request for a protective order and makes a ruling based on the evidence presented.

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Protective Order (PO) Hearing - Child(ren)

Similar to the adult protective order hearing, but the child(ren) must attend, and the court makes a decision on the protective order.

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Request to Register

This request asks the court to recognize and enforce an order from another state in Utah, allowing the case to proceed under Utah jurisdiction.

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Review/Status Hearing

A review or status hearing is a check-in with the court to provide updates on the progress of a case since the last hearing.

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Service of Process

Service of process documents confirm that legal papers have been formally delivered to a party in a case, initiating the legal process.

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Statement of Discovery Issues (SODI)

A SODI notifies the court that a party has failed to comply with discovery requests, potentially leading to new deadlines or penalties.

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Subpoena

A subpoena is a legal document requiring a person or entity to provide evidence or testimony in a case. Failure to comply can result in penalties.

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Temporary Order Hearing

A temporary order hearing is scheduled after filing for temporary relief, such as custody or support. The court issues temporary orders that remain in effect until a final decision is made.

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Temporary Restraining Order (TRO)

A TRO is an emergency order requested from the court to prevent immediate harm. The court typically rules on these requests quickly and schedules a follow-up hearing.

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Termination Hearing

A termination hearing is a court proceeding where the judge decides whether to terminate certain rights or obligations, such as parental rights.

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Vexatious Litigant Hearing

A hearing on a vexatious litigant motion addresses whether a party has engaged in frivolous or abusive litigation practices, and the court may impose restrictions on their future filings.

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Vocational Evaluation

A motion for a vocational evaluation asks the court to order an assessment of a party's employability and potential income, which can impact support calculations.

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