Guides
General information about Utah law. Not legal advice.
What a special motion should contain
A checklist of what the law and the court rules require the document to contain.
There is no official form for a special motion under UPEPA, so this is a checklist of what the law and the court rules require the document to contain.
The deadline
Filed within 60 days of service. A court may allow a later filing for good cause, which is discretionary and should not be planned around.
§ 78B-25-103Form and title
Titled "Motion [short phrase describing the relief requested]." The supporting memorandum is part of the motion, not a separate filing.
Under Rule 7 the motion must include a concise statement of the relief requested and the grounds for it, then sections setting out the relevant facts and the argument citing authority.
Utah R. Civ. P. 7(b)Evidence
Facts come in by affidavit or declaration. Section 78B-25-106 directs the court to consider the pleadings, the motion, any response, and any evidence that could be considered on a motion for summary judgment under Rule 56, which is the standard the supporting evidence has to meet.
Relevant portions of any document, discovery response, or deposition cited must be attached.
§ 78B-25-106 · Utah R. Civ. P. 7The showing the movant has to make
Section 107(1)(a) puts one thing on the moving party: establishing that the act applies, meaning the claim is based on communication in or about a governmental proceeding, or on the exercise of speech, press, assembly, petition, or association on a matter of public concern.
Things shift after that. The responding party must show the act does not apply and must establish a prima facie case as to each essential element of every claim.
§ 78B-25-107(1)Notice to the responding party
Rule 7 requires motions to carry the caution language and the bilingual Notice to Responding Party, unless the opposing party is represented and has opted out.
Length, where the rule is genuinely unsettled
Rule 7(q) sets limits by motion type and a UPEPA motion is not on the list. Motions under Rules 12(b), 12(c), 56, or 65A get 25 pages or 9,000 words; everything else gets 15 pages or 5,400. A special motion is none of those by name, though it is dispositive and Section 106 applies the Rule 56 standard.
Until a court resolves it, the conservative course is the shorter limit, or moving for leave to file overlength. Anyone relying on a word limit rather than a page limit must certify compliance and state the word count.
What happens when it is filed
All proceedings between the parties are supposed to be stayed, including discovery and any pending hearing. In practice, some Utah judges appear to be struggling with this rule and allowing cases to move forward even as the UPEPA motion proceeds.
In any case, the court must hear the motion within 60 days and rule within 60 days of the hearing. This means filing a Request to Submit for Decision.
§§ 78B-25-104(1), -105, -108 · Utah R. Civ. P. 7(g)