In a Utah divorce or custody dispute, you can’t just file whatever you want with a court and whenever you feel like it. The Utah Rules of Civil Procedure, plus orders from your judge or commissioner, set strict deadlines, page limits, and format requirements. Miss them and your evidence or arguments can be ignored, and your motion (or opposition to a motion) rejected. And if that’s not enough, you can also be sanctioned. Filing isn’t the same as serving the other side. And last-minute filings may not get read in time, and “emergency” labels won’t let you skip the rules.
Courts run on rules and schedules. These rules and schedules keep cases moving, ensure fairness, and prevent “trial by ambush.” Missing or ignoring them can seriously damage your case.
Court Rules Control What You Can File and When
Utah’s Rules of Civil Procedure (URCP) set most filing deadlines and format requirements in family law cases:
- Answers and responses: URCP Rule 12 gives you 21 days after you’re served torespond to a petition or complaint (30 if you were served outside Utah). If you want a more definite statement, that motion must be filed within 14 days. Motions to strike certain material must be filed within 21 days.
- Discovery: The information-gathering stage (URCP 26, 30–37) has its own time limits. Written discovery requests (interrogatories under Rule 33, requests for production under Rule 34, requests for admission under Rule 36) have response deadlines. Depositions (Rules 30–32) must be scheduled and completed before discovery closes.
- Motions and briefs: URCP Rules 7 and 7B govern most motion practice; Rule 101 applies in commissioner cases. These rules set page limits and response/reply deadlines.
The clock (when you can start and when you must stop) starts the day you’re served or when the court issues a scheduling order.
Judges and Commissioners Can Set Their Own Deadlines
Besides the statewide rules, your judge or domestic relations commissioner can issue scheduling or pretrial orders. These usually set:
- Discovery cutoff dates
- Expert disclosure deadlines
- Final witness and exhibit lists
- Motion filing deadlines
- Mediation or settlement conferences
- Trial brief and page-limit rules
Miss one and you may lose the ability to use that witness or exhibit, or your motion might be denied.
Utah-specific caution: Some judicial officers issue standing orders with extra requirements such as stricter page caps or earlier filing cutoffs before a hearing. Always check your judge’s web page or ask your attorney about local rules.
What Happens if You Miss a Deadline
Courts can strike late filings, refuse to consider evidence, or impose sanctions (including fines or making you pay the other side’s attorney’s fees). If you miss a deadline, you can ask for permission to file late, but the judge doesn’t have to allow it.
Page Limits Matter
- Rule 7: Most standard motions/memoranda and the memoranda submitted in opposition in district court are capped at 15 pages, and the reply memoranda are capped at 10 pages.
- Rule 101: Shorter filings for commissioner matters, usually 10 pages for motions and responses to them, and 5 pages for reply memoranda. The total number of pages submitted to the court by each party may not exceed 25 pages, including affidavits, attachments and summaries, but excluding financial declarations and income verification. The court commissioner may permit the party to file an over-length memorandum upon ex parte application and showing of good cause.
- Rule 37: Statements of discovery issues and objections thereto have 4-page limits and require a certification that you tried to resolve the dispute first.
Exceed the limit without permission and the court may reject the extra pages.
When “Discovery Closes”
When the court says discovery is closed, that means:
- No more depositions (you can’t schedule one three days before trial).
- No new written discovery requests.
- You can’t supplement your witness or exhibit lists after the disclosure deadline (except with stipulation of the opposing party or court permission).
Trying to add late witnesses or documents usually gets shut down.
Filing vs. Serving—They’re Not the Same
Filing means submitting your document to the court system. Serving means formally giving a copy to the other party (or his/her lawyer). Filing alone doesn’t count as notice. If you don’t serve correctly, your filing can be ignored.
Don’t Count on Judges Reading Last-Minute Filings
Judges and commissioners usually read filings a few days before the hearing. Submitting something at 11:59 p.m. the night before can backfire if it isn’t reviewed in time and/or the other side objects to the late filing.
Letters Aren’t Evidence
People often ask, “Why can’t I just send the judge a letter?” Because letters aren’t sworn testimony and can’t be cross-examined (translation: it’s too easy to fake a letter, and the opposing party deserves the opportunity to question the writer). Courts rely on affidavits or verified declarations (sworn or verified statements) and live testimony, not unsworn notes.
Submitting Evidence Late — Possible, Not Guaranteed
If you forget something after a deadline, you can ask the court for permission to file it, but you need a good reason. Judges have broad discretion to refuse.
“Emergency” Motions Aren’t a Shortcut
You can’t break the rules by simply labeling something an “emergency.” True emergencies (like a child in immediate danger or urgent protective orders) have special procedures, but judges frown on using the label to dodge deadlines or page limits.
What to Take Away from This Post:
- Utah courts enforce clear procedural rules and judge-made schedules.
- Missed deadlines or ignored page limits can mean lost evidence or motions.
- Always check the Utah Rules of Civil Procedure and any scheduling or standing orders for your case.
- File and serve on time; don’t rely on informal letters or last-minute filings.
- If you need more time, ask (and ask before the deadline passes), but the court might still say no. Better to meet deadlines.
Utah Family Law, LC | divorceutah.com | 801-466-9277