Courts (and the orders that govern them) mean it when they set deadlines. If you miss one, you can lose claims, defenses, evidence, or even your entire case. Excuses like “I didn’t understand” or “I was busy” almost never work (even when they do, it’s hit and miss). If you need more time, 1) find out first extra time is even possible to obtain; 2) if it is, request an extension of time before the deadline; and 3) know the judge doesn’t have to grant the extension. Stay organized, calendar everything, and communicate with your lawyer early.
Why Deadlines Are Non-Negotiable
Courts run on rules and schedules. Deadlines keep cases moving and ensure fairness; each side gets the same chance to prepare and respond. If deadlines didn’t matter, cases would drag on forever and surprise evidence would ambush the other side. Judges don’t like chaos, and they don’t reward people who ignore the rules.
The family law system in Utah expects litigants to know and follow these time limits. Claiming you “didn’t understand” or “had a conflict” or “have a good excuse” won’t rescue you. Judges hear excuses every day. They know that if they give one side extra time after the fact, it hurts the other side and delays the case.
Common Critical Deadlines in Divorce and Custody Cases
If you’re in a Utah divorce or domestic relations case, these time limits come up often:
- Answering a petition: You usually have 21 days after being served (if served in Utah) to file an answer, or you risk default judgment (the court could grant the other side what they asked for without hearing your side).
- Disclosures and financial declarations: Under Utah Rule of Civil Procedure 26.1, you must exchange initial disclosures and a financial declaration within 14 days after the first answer is filed (note: if you don’t understand what you just read, that’s not an excuse to miss the deadline). Miss the deadline and you risk sanctions or being barred from using certain evidence.
- Discovery cutoffs: The court sets a final date to finish interrogatories, document requests, and depositions. Miss that and you can’t seek any more information.
- Motions and responses: Rule 7 generally gives 14 days to oppose a motion and 7 days for a reply. Blow the deadline and the judge can rule against you by default.
- Rule 101 (Motion practice before court commissioners) is different, but there are still deadlines under Rule 101.
- Pretrial disclosures/exhibit deadlines: If you don’t list your witnesses or exhibits on time, you may not be able to use them at trial.
- Appeal deadlines: In Utah, you typically have 30 days from the final judgment to appeal. Miss it and the appeal is, except in rare, exceptional circumstances, dead—no second chance.
These are just the common ones. Your case may have scheduling orders with shorter or unique dates.
What Happens When You Miss a Deadline
The consequences can be brutal:
- Default judgment: Fail to answer a petition or motion on time, and the other side can win automatically.
- Evidence excluded: Late-filed financial declarations, expert reports, or exhibits can be thrown out.
- Loss of claims or defenses: If you don’t assert something by the cutoff, it can be waived permanently.
- Sanctions and attorney’s fees: The court can order you to pay a fine and/or the other side’s attorney’s fees and court costs if your delay caused extra work.
- Bad credibility: Judges remember parties who ignore rules, and it can hurt you later on custody, support, or credibility disputes.
Once a deadline passes, your lawyer’s hands may be tied. Even a strong case can collapse if key evidence or arguments are barred.
If You Truly Need More Time
Life happens; illness, emergencies, last-minute document dumps. If you genuinely can’t meet a deadline:
- Ask early: File a motion or stipulation for an extension before the time runs out. Courts are more likely to grant relief if you act promptly.
- Show good cause: Explain specifically why you need more time (e.g., waiting on tax returns, medical records, a witness). “I got busy” or “It slipped my mind” won’t cut it.
- Don’t assume approval: Judges don’t have to grant extensions, even if both sides agree. Plan as if you’ll have to meet the original date.
Once the deadline passes, your options shrink to “motion for relief,” which is discretionary and rarely granted.
Utah-Specific Pitfalls
Utah’s domestic courts are particularly strict about:
- Filing answers to complaints and petitions that initiate law suits
- Financial disclosures under Rule 26.1: Judges expect these early in the law suit process, and they expect them to be complete. Late and incomplete disclosures can lead to exclusion of evidence and sanctions.
- Motion/memorandum timing under Rule 7: Oppositions are due 14 days after service, and reply memoranda are due 7 days thereafter; courts dislike late responses labeled “emergency.”
- Motion/memorandum timing under Rule 101:
- The memorandum in response/opposition must be filed and served on the moving party at least 14 days before the hearing.
- The moving party’s reply memorandum must be filed and served on the responding party at least 7 days before the hearing.
- A reply to the response a counter motion must be filed and served at least 3 business days before the hearing.
- Standing and local orders: Some districts issue automatic standing orders and local page limits; miss them and your filing can be rejected.
- Last-minute emergencies: Judges and commissioners dislike parties who ignore the calendar and then demand immediate relief.
Utah’s rules are posted online and your lawyer should know them, but the court will still hold you accountable for compliance.
Practical Tips to Stay Ahead
- Calendar everything: As soon as you get served or file, mark every deadline in a digital calendar with reminders.
- Don’t wait until the last day: Murphy’s Law intensifies when you procrastinate. Technical glitches can ruin you.
- Keep your lawyer informed: If you’re struggling to gather documents or respond, tell your attorney early, not the night before. I know you think your lawyer can work magic in the 11th hour, but he/she can’t.
- Be proactive: If you see a conflict coming (vacation, surgery, huge work project), plan ahead and ask for extensions early if truly necessary.
Deadlines in family court aren’t suggestions. Miss one and you can lose rights, money, and credibility, sometimes your entire case. Judges enforce time limits to keep the system fair and efficient, and they rarely reward latecomers. If you need more time, ask early and with good cause, but don’t expect mercy. The safest move is simple: track your deadlines, stay organized, and don’t count on do-overs.
Utah Family Law, LC | divorceutah.com | 801-466-9277