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Tag: court rules

Home court rules

Can you get a post-judgment interest rate higher than the statutory rate?

Divorce Utah
Court Orders, Court Rules, Divorce, Divorce Law, Family Law, Finances, Justice and Equity, Legal System, Utah, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law
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Did you know you can request a post-judgment interest rate that is higher than the default statutory rate?  It’s true.   While the court does not have the discretion to lower, stay, or waive statutory interest rate, it does have discretion…
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How easy is it to change your child’s last name?

Divorce Utah
Court Orders, Court Rules, Family Law, Jurisdiction, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law
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I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah):  Here are the applicable Utah Code sections:  42-1-1. By…
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What is the basis for everything I have to do for my Utah divorce case?

Divorce Utah
Divorce, Divorce Court, Divorce Law, Divorce Preparedness, Family Law, Findings of Fact and Conclusions of Law, Utah, Utah Code, Utah Court Rules, Utah Law
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What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask myself. Here is the answer.  Why do I have to…
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Cameras in court, cheap entertainment or a way to achieve justice?

Divorce Utah
Court Orders, Court Rules, Justice and Equity, Legal System, Utah Code, Utah Court Rules
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Are cameras in the courtroom, a cheap form of reality television, or a better way to achieve justice? This is a subject that is near and dear to my heart, both as a lawyer and as a news reporter.  It’s…
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How do I find out what my divorce case number was, if I’ve forgotten it?

Divorce Utah
Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Lawyers, Family Law, Hiring a Divorce Lawyer, Lawyers, Legal System
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It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do.  In many jurisdictions, it’s difficult to find to look up online the telephone…
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What is a court order and its types?

Divorce Utah
Court Orders, Legal System, Order to Show Cause, Protective Orders, Restraining Orders
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Here’s the definition from Black’s Law Dictionary (11th ed. 2019):  order n. (16c) 1. A command, direction, or instruction. See MANDATE (1). 2. A written direction or command delivered by a government official, esp. a court or judge. • The word generally embraces final decrees as well as…
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How do you go about getting a copy of your divorce papers?

Divorce Utah
Court Rules, Divorce, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law
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If you have a lawyer: your lawyer can and should give you a copy.  If you don’t have a lawyer:  go to the courthouse (if the courthouse is open and allowing members of the public to enter the building) and go to…
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My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

Divorce Utah
Child Custody, Child Support, Court Rules, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Paternity, Women's Divorce Issues
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Thanks for the laugh.  In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever heard of a man seeking custody of a child (let…
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Does saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?

Divorce Utah
Court Rules, Justice and Equity, Legal System, Testimony, Utah Court Rules, Utah Law, Witness
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First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is the first and biggest problem.  Testifying about something you believe…
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Can an unemployed alienated parent be forced to help pay for a car for the child?

Divorce Utah
Alienation of Affection, Child Care Costs, Child Support, Court Orders, Custody, Divorce, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Women's Divorce Issues
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First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of purchasing a car for a child, it’s unlikely that a…
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The biological father of my child filed to establish paternity. He’s unfit and I haven’t been served yet. How can I handle this?

Divorce Utah
Abuse, Alienation of Affection, Parental Rights
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The biological father of my child filed to establish paternity. He’s unfit and I haven’t been served yet. How can I handle this?  My answer applies to both mothers and fathers in this situation:  Start preparing for the showdown now.…
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There is a proposal to make more Utah court records “private” that are currently public.

Divorce Utah
Court Rules
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There is a proposal to make more Utah court records “private” that are currently public. Here is the proposed amendment to Utah Code of Judicial Administration Rule 4-202.02 (Records Classification): http://www.utcourts.gov/utc/rules-comment/wp-content/uploads/sites/31/2020/10/4-202-02-For-public-comment_financial-info-10-26-20.pdf I do not see any ostensible sound public policy…
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