Utah Court Rules Archives

2021 UT 33 – Gillman v. Gillman

July 28, 2021

Appeal, Justice and Equity, Motion Practice, Supreme Court Decisions, Utah, Utah Court Rules, Utah Law

default, default judgment, merits, motion to set aside, Utah Rule of Civil Procedure 55(c), Utah Rule of Civil Procedure 56

IN THE SUPREME COURT OF THE STATE OF UTAH BROOKELYN GILLMAN, CINDY MAUGHAN, CHANCELOR MAUGHAN, AND JOHN MAUGHAN, Appellants, v. GARY WALKER GILLMAN AND LANCE FINN GILLMAN, Appellees. No. 20190404 Heard November 9, 2020 Filed July 22, 2021 On…

Law from a legal assistant’s point of view, week 2: Pile higher and deeper

July 20, 2021

Divorce Utah

Court Rules, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Fathers' Divorce Issues, Lawyers, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Paralegal, Utah Court Rules, Utah Law

attorney, clerk, law, legal assistant, legal practice

Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains true this week. There have been several surprises as to…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Divorce Utah

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

The Utah courthouses will be re-opening soon. Don’t go back!

With the COVID-19 crisis essentially behind us now (please don’t start on the Delta variant) the Utah courts are re-opening the courthouses. And there’s nothing wrong with that . . . unless the gains and improvements that COVID-19 forced us…

Ward v. McGarry – 2021 UT App 51

Ward v. McGarry – 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Court of Appeals of Utah. Sara WARD, Appellant, v. Meredith MCGARRY, Appellee. …

Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those details crucial to resolving a particular issue but simply because…

In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before being questioned as a witness in a legal proceeding (whether…

Why does someone need an attorney when they can just defend themselves in court?

Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court? It really depends on how you define “need” here. First,…

What are the Steps for Getting Divorced in Utah?

What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with the court. This means you are suing your spouse for…

Why Not Have the Judge Interview the Children About Child Custody?

Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first in series of 15 posts on the subject of custody…

If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child?

If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child? This post is the seventh in series of 15 posts on the subject of custody…

Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?

December 25, 2020

Divorce Utah

Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Expert Witnesses, Fathers' Divorce Issues, GAL (Guardian ad Litem), Judges, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Personality Disorders, Physical Custody, Sexual Abuse, Utah Code, Utah Court Rules, Women's Divorce Issues

24 years, appointed, arguments, children, compelling, court-sponsored hearsay, court's record, custody evaluator, debate, free of charge, GAL, guardian ad litem, inherently traumatic, interview, interview children directly, judge, lack merit, private guardian ad litem, puts them in the middle, qualified, second hand, spend, tens of thousands, third hand, thousands, valid

Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the judge can interview children free of charge? This post is…

Believing Judges Interviewing Children Harms Children Rests on False Premises

This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody cases when the judge could simply interview the children instead.…

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)? In Utah, where I practice divorce and family law, the answer is: no. When a lawyer…

My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong?

My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong? Your experience may be different, but welcome to what may be an experience that…

Utah Divorce Case Timeline Summary

November 30, 2020

Divorce Utah

Amicable Divorce, Assets/Debt/Property, Attorney Fees, Coping With Divorce, Court Rules, Discovery, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Findings of Fact and Conclusions of Law, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Pension, Personal Property, Preparing for Divorce, Settlement, Utah Court Rules, Utah Law

180 days, answer, complaint, counterclaim, decree of divorce, discovery, divorce case, divorce education course, divorce orientation course, divorce timeline, expensive, fight, financial declaration, initial disclosures, longer, mediation, petition, petitioner, process, respondent, step by step, summary, summons, temporary orders, timeline, trial

Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more they fight and the more things they fight over, the…

Why do people need legal advisors if all the laws can be found on the Internet?

Why do people need legal advisors (I’m not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear: There are many times when people need legal experts (and…

2020 UT App 35 – V.M. v. Division of Child and Family Services

March 10, 2020

Divorce Utah

Juvenile Court, Sexual Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

child, DCFS, evidence, juvenile court, legal error, sexual abuse, substantiation

2020 UT App 35 THE UTAH COURT OF APPEALS V.M., Appellant, v. DIVISION OF CHILD AND FAMILY SERVICES, Appellee. Opinion No. 20180906-CA Filed March 5, 2020 Fourth District Juvenile Court, Provo Department The Honorable Brent H. Bartholomew No. 1155142 Andrew…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

In re C.R.C. – 2019 UT App 153 – termination of parental rights

In re C.R.C. – 2019 UT App 153 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.R.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. S.C. AND D.C., Appellants, v. STATE OF UTAH, Appellee. Opinion Nos.…