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Rule 108.Objection to court commissioner’s recommendation

Part XII: Family Law · Last amended May 1, 2026 · Last verified July 13, 2026

This rule prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.

In one sentenceRule 108 sets the process for objecting to a court commissioner's recommendation in a domestic case, including the 14-day deadline and when a judge will take new evidence.

Full Text of Rule 108

Text sizeEffective until May 1, 2026 — jump to: (a) (b) (c) (d) (e) (f)

Effective May 1, 2026 — jump to: (a) (b) (c) (d) (e) (f)

Rule 108. Objection to court commissioner’s recommendation — Effective until May 1, 2026
(a) A recommendation of a court commissioner is the order of the court until modified by the court. A party may file a written objection to the recommendation within 14 days after the recommendation is made in open court or, if the court commissioner takes the matter under advisement, within 14 days after the minute entry of the recommendation is served. A judge’s counter-signature on the commissioner’s recommendation does not affect the review of an objection.
(b) The objection must identify succinctly and with particularity the findings of fact, the conclusions of law, or the part of the recommendation to which the objection is made and state the relief sought. The memorandum in support of the objection must explain succinctly and with particularity why the findings, conclusions, or recommendation are incorrect. The time for filing, length and content of memoranda, affidavits, and request to submit for decision are as stated for motions in Rule 7.
(c) If there has been a substantial change of circumstances since the commissioner’s recommendation, the judge may, in the interests of judicial economy, consider new evidence. Otherwise, any evidence, whether by proffer, testimony or exhibit, not presented to the commissioner shall not be presented to the judge.
(d)
(1) The judge may hold a hearing on any objection.
(2) If the hearing before the commissioner was held under Utah Code Title 26B, Chapter 5, Part 3, Utah State Hospital and Other Mental Health Facilities, Utah Code Title 78B, Chapter 7, Protective Orders, or on an order to show cause for the enforcement of a judgment, any party has the right, upon request, to present testimony and other evidence on genuine issues of material fact.
(3) If the hearing before the commissioner was in a domestic relations matter other than a cohabitant abuse protective order, any party has the right, upon request:
(A) to present testimony and other evidence on genuine issues of material fact relevant to custody; and
(B) to a hearing at which the judge may require testimony or proffers of testimony on genuine issues of material fact relevant to issues other than custody.
(e) If a party does not request a hearing, the judge may hold a hearing or review the record of evidence, whether by proffer, testimony or exhibit, before the commissioner.
(f) The judge will make independent findings of fact and conclusions of law based on the evidence, whether by proffer, testimony or exhibit, presented to the judge, or, if there was no hearing before the judge, based on the evidence presented to the commissioner.
Rule 108. Objection to court commissioner’s recommendation — Effective May 1, 2026
(a) A recommendation of a court commissioner is the order of the court until modified by the court. A party may file a written objection to the recommendation within 14 days after the recommendation is made in open court or, if the court commissioner takes the matter under advisement, within 14 days after the minute entry of the recommendation is served. A judge’s counter-signature on the commissioner’s recommendation does not affect the review of an objection.
(b) The objection must identify succinctly and with particularity the findings of fact, the conclusions of law, or the part of the recommendation to which the objection is made and state the relief sought. The memorandum in support of the objection must explain succinctly and with particularity why the findings, conclusions, or recommendation are incorrect. The time for filing, length and content of memoranda, affidavits, and request to submit for decision are as stated for motions in Rule 7.
(c) If there has been a substantial change of circumstances since the commissioner’s recommendation, the judge may, in the interests of judicial economy, consider new evidence. Otherwise, any evidence that was not presented to the commissioner, whether by proffer, testimony, or exhibit, may not be presented to the judge.
(d)
(1) The judge may hold a hearing on any objection.
(2) If the hearing before the commissioner was held under Utah Code title 26B, chapter 5, part 3, Utah State Hospital and Other Mental Health Facilities; Utah Code title 78B, chapter 7, Protective Orders, or on a motion to enforce order and for sanctions, any party has the right, upon request, to present testimony and other evidence on genuine issues of material fact.
(3) If the hearing before the commissioner was in a domestic relations matter other than a cohabitant abuse protective order, any party has the right, upon request:
(A) to present testimony and other evidence on genuine issues of material fact relevant to custody; and
(B) to a hearing at which the judge may require testimony or proffers of testimony on genuine issues of material fact relevant to issues other than custody.
(e) If a party does not request a hearing, the judge may hold a hearing or review the record of evidence, whether by proffer, testimony or exhibit, before the commissioner.
(f) The judge will make independent findings of fact and conclusions of law based on the evidence, whether by proffer, testimony or exhibit, presented to the judge, or, if there was no hearing before the judge, based on the evidence presented to the commissioner.
End

Amendment History

Effective until May 1, 2026

Added effective April 1, 2012; Amended effective November 1, 2023; May 1, 2026.

Effective May 1, 2026

Added effective April 1, 2012; Amended effective November 1, 2023; May 1, 2026.

Plain-English Summary

Utah's domestic cases often start in front of a court commissioner rather than a judge. A commissioner's recommendation becomes the order of the court right away, but it stays open to review — Rule 108 is how a party challenges it. The objecting party has 14 days from the recommendation (or from service of the minute entry, if the commissioner took the matter under advisement) to file a written objection. That objection cannot be a general complaint; it has to point to specific findings, conclusions, or parts of the recommendation and say precisely why they're wrong and what relief the objecting party wants. A supporting memorandum follows the same timing, length, and content rules that apply to ordinary motions under Rule 7.

The judge reviewing the objection is not required to start from scratch. Absent a substantial change in circumstances, evidence that was never presented to the commissioner generally stays out of the record on review — the point of the objection process is to test whether the commissioner's recommendation was right on the record that existed, not to relitigate the case. The judge can hold a hearing on any objection, and in certain matters — commitment proceedings, protective orders, and enforcement of a prior order — a party has an automatic right to a hearing with live testimony on disputed facts. In ordinary custody and parent-time disputes, a party can request testimony on custody-related facts and at least proffers on everything else. If no one asks for a hearing, the judge can decide the objection on the existing record. Either way, the judge makes independent findings and conclusions rather than rubber-stamping the commissioner's work.

Frequently Asked Questions

How long do I have to object to a commissioner's recommendation?

Fourteen days. That clock starts when the recommendation is made in open court, or, if the commissioner takes the matter under advisement, when the minute entry recording the recommendation is served on the parties.

Does the commissioner's recommendation take effect while I'm objecting?

Yes. The recommendation is the order of the court until a judge modifies it. Filing an objection does not automatically pause or undo the recommendation — a party who needs relief from it right away has to ask the court for that separately.

Can I introduce new evidence when I object?

Only in limited circumstances. Evidence that was not presented to the commissioner generally cannot be presented to the judge unless there has been a substantial change of circumstances since the recommendation, in which case the judge may consider it in the interest of judicial economy.

Am I entitled to a hearing on my objection?

It depends on the type of case. In certain proceedings — including commitment matters, protective orders, and enforcement of an existing order — a party has the right to a hearing with testimony on disputed facts. In other domestic relations matters, a party can request testimony on issues related to custody and, for other issues, testimony or proffers. If no one requests a hearing, the judge may review the record made before the commissioner.

What is the point of the memorandum that goes with the objection?

It has to explain, specifically, why the findings, conclusions, or recommendation are wrong. Utah applies the same timing, length, and content rules to that memorandum that govern ordinary motions under Rule 7.

Did Rule 108 change recently?

Utah amended the rule effective May 1, 2026, mainly to update which enforcement proceedings automatically carry a right to a live hearing. The 14-day objection deadline, the objection's required content, and the limits on new evidence stay the same across both versions.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source
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