Rule 7B.Motion to enforce order and for sanctions in domestic law matters

Part III: Pleadings, Motions, and Orders · Last amended May 1, 2023 · Last verified July 13, 2026

In one sentenceRule 7B is the domestic-relations counterpart to Rule 7A — the same order-enforcement and contempt procedure, tailored to divorce, custody, support, and protective-order cases, and built to handle counter motions at the same hearing.

Full Text of Rule 7B

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Motion. To enforce a court order or to obtain a sanctions order for violation of an order, a party must file an ex parte motion to enforce order and for sanctions (if requested), pursuant to this rule and Rule 7. The motion must be filed in the same case in which that order was entered. The timeframes set forth in this rule, rather than those set forth in Rule 7, govern motions to enforce orders and for sanctions. If the motion is to be heard by a commissioner, the motion must also follow the procedures of Rule 101. For purpose of this rule, an order includes a decree.

(b) Affidavit. The motion must state the title and date of entry of the order that the moving party seeks to enforce. The motion must be verified, or must be accompanied by at least one supporting affidavit that is based on personal knowledge and shows that the affiant is competent to testify on the matters set forth. The verified motion or affidavit must set forth facts that would be admissible in evidence and that would support a finding that the party has violated the order.

(c) Proposed order. The motion must be accompanied by a request to submit for decision and a proposed order to attend hearing, which must:

(1) state the title and date of entry of the order that the motion seeks to enforce;

(2) state the relief sought in the motion;

(3) state whether the motion is requesting that the other party be held in contempt and, if so, state that the penalties for contempt may include, but are not limited to, a fine of up to $1000 and confinement in jail for up to 30 days;

(4) order the other party to appear personally or through counsel at a specific place (the court’s address) and date and time (left blank for the court clerk to fill in) to explain whether the nonmoving party has violated the order; and

(5) state that no written response to the motion is required, but is permitted if filed at least 14 days before the hearing, unless the court sets a different time, and that any written response must follow the requirements of Rule 7, and Rule 101 if the hearing will be before a commissioner.

(d) Service of the order. If the court issues an order to attend a hearing, the moving party must have the order, motion, and all supporting affidavits served on the nonmoving party at least 28 days before the hearing. Service must be in a manner provided in Rule 4 if the nonmoving party is not represented by counsel in the case. If the nonmoving party is represented by counsel in the case, service must be made on the nonmoving party’s counsel of record in a manner provided in Rule 5. For purposes of this rule, a party is represented by counsel if, within the last 120 days, counsel for that party has served or filed any documents in the case and has not withdrawn. The court may shorten the 28 day period if:

(1) the motion requests an earlier date; and

(2) it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will result to the moving party if the hearing is not held sooner.

(e) Opposition. A written opposition is not required, but if filed, must be filed at least 14 days before the hearing, unless the court sets a different time, and must follow the requirements of Rule 7, and Rule 101 if the hearing will be before a commissioner.

(f) Reply. If the nonmoving party files a written opposition, the moving party may file a reply at least 7 days before the hearing, unless the court sets a different time. Any reply must follow the requirements of Rule 7, and Rule 101 if the hearing will be before a commissioner.

(g) Hearing. At the hearing the court may receive evidence, hear argument, and rule upon the motion, or may request additional briefing or hearings. The moving party bears the burden of proof on all claims made in the motion. At the court's discretion, the court may convene a telephone conference before the hearing to preliminarily address any issues related to the motion, including whether the court would like to order a briefing schedule other than as set forth in this rule.

(h) Counter Motions. A responding party may request affirmative relief only by filing a counter motion, to be heard at the same hearing. A counter motion need not be limited to the subject matter of the original motion. All of the provisions of this rule apply to counter motions except that a counter motion must be filed and served with the opposition. Any opposition to the counter motion must be filed and served no later than the reply to the motion. Any reply to the opposition to the counter motion must be filed and served at least 3 business days before the hearing in a manner that will cause the reply to be actually received by the party responding to the counter motion (i.e. hand-delivery, fax or other electronic delivery as allowed by rule or agreed by the parties). The party who filed the counter motion bears the burden of proof on all claims made in the counter motion. A separate proposed order is required only for counter motions to enforce a court order or to obtain a sanctions order for violation of an order, in which case the proposed order for the counter motion must:

(1) state the title and date of entry of the order that the counter motion seeks to enforce;

(2) state the relief sought in the counter motion;

(3) state whether the counter motion is requesting that the other party be held in contempt and, if so, state that the penalties for contempt may include, but are not limited to, a fine of up to $1000 and confinement in jail for up to 30 days;

(4) order the other party to appear personally or through counsel at the scheduled hearing to explain whether that party has violated the order; and

(5) state that no written response to the counter motion is required, but that a written response is permitted if filed at least 7 days before the hearing, unless the court sets a different time, and that any written response must follow the requirements of Rule 7, and Rule 101 if the hearing will be before a commissioner.

(i) Limitations. This rule does not apply to proceedings instituted by the court on its own initiative to enforce an order. This rule applies only to domestic relations actions, including divorce; temporary separation; separate maintenance; parentage; custody; child support; adoptions; cohabitant abuse protective orders; child protective orders; civil stalking injunctions; grandparent visitation; and modification actions. Nothing in this rule is intended to limit or alter the inherent power of the court to initiate order to show cause proceedings to assess whether cases should be dismissed for failure to prosecute or to otherwise manage the court’s docket, or to limit the authority of the court to hold a party in contempt for failure to appear pursuant to a court order.

(j) Orders to show cause. The process set forth in this rule replaces and supersedes the prior order to show cause procedure. An order to attend hearing serves as an order to show cause as that term is used in Utah law.

End

Amendment History

Added effective May 1, 2021; amended effective May 1, 2023.

Plain-English Summary

Rule 7B covers the same ground as Rule 7A — enforcing a court order and seeking sanctions, including contempt — but only within domestic relations cases: divorce, temporary separation, separate maintenance, parentage, custody, child support, adoption, cohabitant abuse and child protective orders, civil stalking injunctions, grandparent visitation, and modification actions. Because so many of these cases are heard by a court commissioner rather than a judge, a motion under this rule must also follow Rule 101 whenever the commissioner will hear it.

The structure tracks Rule 7A closely. The moving party files an ex parte motion to enforce order and for sanctions in the same case, on this rule's own timeline rather than Rule 7's. The motion must be verified or supported by an affidavit showing personal knowledge, and it must set out facts that would be admissible and would support a finding of violation. A proposed order to attend hearing has to accompany the motion, and if contempt is on the table, it must warn of the same potential penalties as Rule 7A: a fine up to $1,000 and up to 30 days in jail. Service of the order, motion, and supporting affidavits must happen at least 28 days before the hearing, shortenable only on a showing of urgent, irreparable harm.

Rule 7B adds something Rule 7A doesn't: a formal counter motion process. A party responding to a Rule 7B motion can seek their own affirmative relief by filing a counter motion for the same hearing, and it doesn't have to relate to the subject of the original motion at all — a party facing a support-enforcement motion could, for example, counter with a parent-time issue. The counter motion is filed and served along with the opposition; any opposition to it is due by the same deadline as the reply to the original motion; and any reply to that opposition has to reach the other side at least three business days before the hearing by hand delivery, fax, or another method that guarantees actual receipt. Whoever files the counter motion carries the burden of proving it.

Like Rule 7A, this rule doesn't reach proceedings the court starts on its own initiative, and it doesn't limit the court's inherent power to manage its docket or hold a party in contempt for failing to appear. It also replaces the older order-to-show-cause procedure in the cases it covers.

Frequently Asked Questions

How is Rule 7B different from Rule 7A?

Rule 7B applies only within domestic relations cases — divorce, custody, child support, protective orders, and similar matters — and it must be paired with Rule 101 whenever a commissioner will hear it. It also adds a formal counter motion procedure that Rule 7A does not have.

What is a counter motion under Rule 7B?

It lets the party responding to a Rule 7B motion ask for their own affirmative relief at the same hearing, without needing to file a separate motion or wait for a separate hearing date. The counter motion doesn't have to relate to the original motion's subject matter, and the party who filed it bears the burden of proving it.

Which cases count as domestic relations actions under this rule?

Divorce, annulment, temporary separation, separate maintenance, parentage, custody, child support, adoption, cohabitant abuse protective orders, child protective orders, civil stalking injunctions, grandparent visitation, and modification actions.

Does a Rule 7B motion always go before a commissioner?

Not always, but many domestic relations matters do. When the motion will be heard by a commissioner, it must also comply with Rule 101 in addition to this rule.

How much notice do I get before a Rule 7B hearing on a counter motion?

The general 28-day service window for the original motion applies, but a reply to an opposition to a counter motion has a tighter timeline — it must reach the responding party at least three business days before the hearing, delivered in a way that ensures actual receipt.

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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