If you’re looking for information about a Utah Order to Show Cause, the first thing to know is that Utah courts stopped using that name on May 1, 2021. The same enforcement tool now goes by two names, depending on which part you’re looking at: you file a Motion to Enforce Order, and the judge signs an Order to Attend Hearing that compels the other party to appear and explain the violation.1Utah Courts. Utah Rules of Civil Procedure Rule 7A The legal function is identical to the old procedure. The forms and the words you’ll see at the courthouse are not.
Why the Name Matters Before You File
Utah Rule of Civil Procedure 7A states that the new procedure “replaces and supersedes the prior order to show cause procedure.”1Utah Courts. Utah Rules of Civil Procedure Rule 7A Older templates, blog posts, and sample forms that still say “Order to Show Cause” are out of date. If you file with the wrong caption or the wrong forms, the clerk may reject your paperwork, and you’ll start over. Use the current Motion to Enforce forms published by the Utah Courts.
When You Can File a Motion to Enforce
Utah Code 78B-6-301 lists the acts and omissions that constitute contempt of court. The one that drives nearly every enforcement motion is simple: disobeying any lawful judgment, order, or process of the court.2Utah Legislature. Utah Code 78B-6-301 – Acts and Omissions Constituting Contempt In family cases, that usually means a parent ignoring the custody schedule, an ex-spouse falling behind on alimony or child support, or someone refusing to transfer property the decree assigned to the other party. In civil cases more broadly, it can mean ignoring a discovery order, violating an injunction, or refusing to comply with a subpoena.
Before you spend money filing, look back at the original order. It needs to be clear and specific enough that the other party knew exactly what was required. Vague language is hard to enforce, because the respondent can argue they didn’t understand what they had to do.
The Documents You Need to File
Rule 7A and the Utah Courts self-help pages identify three core documents.3Utah State Judiciary. Motion to Enforce Order
- An Ex Parte Verified Motion to Enforce Order and for Sanctions. This is the main filing. You explain what the court ordered, what the other party failed to do, and what relief you want. “Verified” means you sign under oath, so every factual claim has to be accurate and specific.
- A Request to Submit for Decision. This tells the court your paperwork is ready for a judge to look at.
- A proposed Order to Attend Hearing. The judge signs this to set the hearing. It must identify the original order, state the relief you’re seeking, and, if you want a contempt finding, warn the other party that penalties can reach a $1,000 fine and up to 30 days in jail.1Utah Courts. Utah Rules of Civil Procedure Rule 7A
Attach your evidence. Payment records, bank statements, screenshots of text messages, emails, calendars showing missed parenting time. Each claim in your motion should tie to a specific date and a specific document. Self-represented filers often describe how frustrated they are. Judges want dates, dollar amounts, and documentation.
Filing, Fees, and Serving the Other Party
File the packet with the clerk in the same case where the original order was entered. Filing fees vary by case type and are updated periodically; the current amounts are on the Utah Courts fee schedule.4Utah State Courts. Filing and Record Fees If you can’t afford the fee, Utah law allows a waiver for people whose income is at or below 150% of the federal poverty level, who receive means-tested benefits such as SNAP or Medicaid, or who get legal services from a nonprofit provider.5Utah Legislature. Utah Code 78A-2-302 – Waiver of Fees
Once the judge signs the Order to Attend Hearing, you have to serve the other party at least 28 days before the hearing date.6Utah Courts. Utah Rules of Civil Procedure Rule 7B How you serve depends on whether that party has an attorney in the case.
- If the other party does not have a lawyer on file, you must serve them personally under Rule 4. Someone 18 or older who is not a party physically delivers the documents. A sheriff’s deputy or a private process server handles this.7Utah Courts. Utah Rules of Civil Procedure Rule 4 – Process
- If the other party has an attorney on file, you can serve the attorney through Rule 5 methods, including electronic filing, email, or mail. A party counts as represented if their attorney has served or filed something in the case within the last 120 days and hasn’t withdrawn.6Utah Courts. Utah Rules of Civil Procedure Rule 7B
Serve the signed order, the motion, and all supporting affidavits together. Then file proof of service with the court. If the other party can’t be found despite real efforts, you may need to ask the judge for permission to use an alternative service method.
What Happens at the Hearing
The hearing is where you prove the violation. The burden is yours, and the standard is clear and convincing evidence, which is higher than the “more likely than not” standard in most civil cases but lower than “beyond a reasonable doubt” in criminal cases. You need to show three things: the court issued a clear order, the other party knew about it, and the other party had the ability to comply but didn’t.
That third element trips up more petitioners than you might expect. If someone lost a job and genuinely can’t make alimony payments, a judge is unlikely to find them in contempt even if they’re clearly behind. Courts draw a hard line between “can’t pay” and “won’t pay.” In child support cases, once you establish a basic case for contempt, the burden shifts to the other parent to prove they couldn’t comply.8Utah Legislature. Utah Code Title 78B Chapter 6 Part 3 – Contempt
Both sides present testimony and evidence. Bring organized documentation, not a stack of papers you’ll shuffle through while the judge waits. After hearing both sides, the judge issues findings of fact and conclusions of law and, if contempt is found, specifies the sanctions.
Penalties the Judge Can Impose
Utah law caps contempt penalties at a $1,000 fine, 30 days in the county jail, or both.9Utah Legislature. Utah Code 78B-6-310 – Contempt Action by Court Justice courts have lower limits: $500 and five days. These are per-violation caps, so multiple violations can stack.
Jail time in a contempt case often works differently than a criminal sentence. When the contempt involves failing to do something still within the person’s power, such as turning over property or making a payment they can afford, the court can keep the person jailed until they comply.10Utah Legislature. Utah Code 78B-6-312 – Contempt Imprisonment to Compel Performance The person can end the incarceration by doing what the court ordered.
Beyond fines and jail, the court can order the noncompliant party to pay the other side’s attorney fees for bringing the enforcement motion. In family cases, judges often use fee-shifting because one party’s refusal to follow orders forces the other into expensive litigation. The court may also modify the underlying order or impose conditions designed to prevent future violations.
If You Were Served With an Order to Attend Hearing
If you’re on the receiving end, you aren’t required to file a written response, but you’re allowed to file one within 14 days of being served unless the court sets a different deadline.1Utah Courts. Utah Rules of Civil Procedure Rule 7A Filing a response is almost always worth doing. It forces you to organize your defense in advance and puts your side in front of the judge before the hearing.
The strongest defenses focus on inability to comply, not disagreement with the order. Judges have little patience for someone who decided the order was unfair and stopped following it. The proper response to an order you disagree with is to file a motion to modify, not to ignore it. If you genuinely couldn’t comply because of job loss, a medical emergency, or similar circumstances, document it thoroughly. Bring termination letters, medical records, bank statements showing depleted accounts.
You must appear. The Order to Attend Hearing is itself a court order, and ignoring it creates a separate basis for contempt. If you have a real conflict with the date, contact the court in advance to ask for a continuance.
Contempt That Happens in Front of the Judge
Everything above applies to violations that happen outside the courtroom. When contempt occurs in the judge’s presence, such as shouting at the court, refusing to answer questions during testimony, or disrupting the proceeding, the judge can act immediately without the motion-and-hearing process. The judge issues an order describing what happened, finds the person in contempt, and imposes sanctions on the spot.11Utah Legislature. Utah Code 78B-6-302 – Contempt Procedure The same fine and jail caps apply.