Guides
General information about Utah law. Not legal advice.
Not legal advice
This describes how the process generally works. Deadlines in your case may differ. If something has been filed against you, talk to a lawyer.
The briefing sequence
Who files what, when, and what has to be in it.
Special motion for expedited relief, with supporting memorandum
Your burden: show the claim is based on protected activity, so the act applies.- Titled “Motion [short phrase describing the relief requested].” The memorandum is part of the motion, not a separate filing.
- A concise statement of the relief requested and the grounds for it, then facts and argument citing authority.
- Evidence by affidavit or declaration. The court may consider anything admissible on summary judgment under Rule 56.
- Relevant portions of any documents or discovery cited must be attached.
- Include the caution language and bilingual Notice to Responding Party, unless the other side is represented and has opted out.
§ 78B-25-107(1)(a)
filing the motion stays the case — § 104(1)
Memorandum opposing the motion
Your burden: show the act does not apply, and establish a prima facie case as to each essential element of every claim.- Titled “Memorandum opposing motion [short phrase].” Due 14 days after the motion is filed.
- Must be organized under headings in this order: (A) the preferred disposition and the grounds for it; (B) the relevant facts and argument citing authority; (C) objections to evidence in the motion, citing authority.
- Relevant portions of anything cited must be attached.
§ 107(1)(b) § 107(1)(c)(i)
Reply memorandum
Introducing new evidence here opens a further round. See below.- Titled “Reply memorandum supporting motion [short phrase].” Due 7 days after the opposition.
- Limited to rebuttal of new matters raised in the opposition. This is a real constraint, not a formality.
- Organized under headings in this order: (A) the new matter raised; (B) responsive facts not previously set forth, with argument; (C) objections to evidence in the opposition; (D) responses to any objections to the moving party’s evidence.
Objection to evidence in the reply, or response to an objection
- If the reply objected to the responding party’s evidence, the responding party may answer within 7 days of the reply.
- If the reply introduced evidence not previously set forth, the responding party may object to it within 7 days of the reply.
- Limit for either filing: 3 pages or 1,100 words.
Response to the objection
- If the responding party objected to new evidence in the reply, the moving party may answer within 7 days of that objection.
- Limit: 3 pages or 1,100 words.
Request to Submit for Decision
- If no party files this, the motion is not submitted for decision. Nothing happens automatically.
- Must state whether a hearing has been requested, and list the filing dates of the motion, the opposition, the reply, and any response to objections.
- A hearing request must be separately identified in the caption. Under § 78B-25-105 the court must hear the motion within 60 days of filing regardless.