It is essential that you understand the filing deadlines when you are representing yourself.
Missing a deadline could result in a default judgment against you, where the other party is awarded everything they ask for and your side is never heard.
There has been a change this year to some of the deadlines found in the Utah Rules of Civil Procedure. Throughout a divorce or paternity action there are several dates to remember in regards to timelines and deadlines.
These are some deadlines found in the Utah Rules of Civil Procedure that you should keep in mind as you navigate the domestic litigation proceedings. Items in bold have been changed in 2014.
- Time to serve the Respondent a Complaint – within 120 days of filing (Rule 4)
- Time to file an Answer to a Complaint – within 21 days (served in Utah); within 30 days (served outside Utah) (Rule 12)
- Waiting period for a Decree – 90 days from date of filing Complaint (Utah Code 30-3-18)
- Time to file a Response to a Motion before a Commissioner – 7 days before hearing (Rule 101)
- Time to file a Counter Motion to a Motion before a Commissioner – 7 days before hearing (Rule 101)
- Time to file a Reply to a Response on a Motion before a Commissioner – 3 business days before hearing (Rule 101)
- Time to file a Response to a Counter Motion before a Commissioner – 3 business days before hearing (Rule 101)
- Time to file a Reply to a Response to a Counter Motion before a Commissioner – 2 business days before hearing (Rule 101)
- Time to file a Memorandum in Opposition to a Motion before a Judge – 14 days after receipt of Motion (Rule 7)
- Time to file a Reply Memorandum to a Memorandum in Opposition to a Motion before a Judge – 7 days after receipt of Memorandum in Opposition (Rule 7)
- Time to file a Proposed Order from a hearing – 21 days after hearing (Rule 7)
- Time to Object to a Proposed Order from a hearing – 7 days after service of Proposed Order (Rule 7)
- Time to object to a Commissioner’s recommendation at a hearing – 14 days after recommendation is made (Rule 108)
- Time to add if served by regular mail – add 3 days to the deadline time period (Rule 6)
- Petitioner’s Financial Declaration due – 14 days after service of the first Answer to the Complaint (Rule 26.1)
- Petitioner’s Initial Disclosures due – 14 days after service of the first Answer to the Complaint (Rule 26)
- Respondent’s Financial Declaration due – 28 days after Petitioner’s first disclosure or Respondent’s appearance, whichever is later (Rule 26.1)
- Respondent’s Initial Disclosures due – 42 days after filing of the first Answer to the Complaint, or 28 days after Respondent’s appearance, whichever is later (Rule 26)
Depending upon the complexity of your case there could be more deadlines in addition to those mentioned above. You should consult the Utah Rules of Civil Procedure for more details regarding these deadlines and any other additional deadlines that may be relevant to your particular case.
If you have not already, check out our blog post How to Comply with the New 2014 Utah Court Filing Deadline Rules for more information on calculating deadlines in your case. And if you have specific questions please feel free to leave a comment or schedule a consultation to meet with one of the attorneys at Long Okura – Attorneys at Law.
What can I do if I missed the filing deadline for an Objection to Commissioners Recommendation? I was unaware of the deadline, i thought it was 30 days. I filed it on day 22. Is there a motion I can file to ask for an extension for excusable neglect?
Thank you for your time
It’s always worth a shot to file a motion to extend your time. Explain what your misunderstanding was, explain why it doesn’t prejudice the other side to give you more time, tell the court exactly how much time you’ll need and then make that date. You can also file the document at the same time as the request to extend the deadline so that the court doesn’t have to guess when you will actually file. The court will be able to see your filing is there already. You can also call opposing counsel and see if they will simply agree to an extension!