Utah Motion for Continuance
Utah Rule 40(b) allows a trial postponement for good cause. Your date stands until the judge rules.
Find out where you stand in Utah
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Introduction
Utah Rule of Civil Procedure 40(b) lets the court postpone a trial for good cause, on such terms as are just, including costs. Your date stands until the court grants the motion.
Key Things to Know
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Utah's own term is postponement. Utah R. Civ. P. 40(b) says the court may postpone a trial for good cause upon such terms as are just, including the payment of costs. Rule 7(p)(3) covers a motion to continue a hearing.
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The hearing or trial date stands until the court grants the motion. Attend unless the court tells you in writing or in open court that the date has moved.
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To postpone a trial, the standard is good cause (Rule 40(b)). The rule does not list specific grounds, so the judge decides whether your reason is good cause. Explain it plainly and give dates and facts.
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The motion must be in writing unless it is made during a hearing or trial, and it must state the relief requested and the grounds (Rule 7(b)).
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A motion to continue a hearing needs no statement of facts and legal authorities beyond a concise statement of the relief and grounds (Rule 7(p)(3)).
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The other side has 14 days after the motion is filed to oppose it (Rule 7), so file as early as you learn of the problem.
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If the other side agrees, a stipulated motion must include a signed stipulation, a request to submit for decision, and a proposed order approved by the other parties (Rule 7(k)). Filing it does not move the date by itself.
Key decisions before you file
Before you file a Motion for Continuance in Utah, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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Utah Requirements for Motion for Continuance
Rule 40(b) Governs Postponement
Utah R. Civ. P. 40(b) lets the court postpone a trial for good cause upon such terms as are just, including the payment of costs. Utah's own term is postponement.
Good Cause Standard
The standard for postponing a trial is good cause (Rule 40(b)). The rule lists no specific grounds, so the court decides whether the reason given is good cause.
Written Motion With Relief and Grounds
A motion must be in writing unless made during a hearing or trial, and must state the relief requested and the grounds (Rule 7(b)).
Short Motion to Continue a Hearing
A motion to continue a hearing needs no statement of facts and legal authorities beyond a concise statement of relief and grounds (Rule 7(p)(3)).
Opposition Period
A nonmoving party may oppose within 14 days after the motion is filed (Rule 7). File as early as you can.
Stipulated Motion Contents
A stipulated motion includes a signed stipulation, a request to submit for decision, and a proposed order approved by the other parties (Rule 7(k)). It is not self-executing.
Costs as a Term
The court may postpone a trial on such terms as are just, including payment of costs (Rule 40(b)). The hearing date stands until the court rules.