Sacramento, CA asked in Family Law, Child Custody, Child Support and Sexual Harassment for Utah

Q: Order to show cause?

I filed an order to show cause over a month ago and he never filed an answer. He does have an attorney and has since thw beginning. My court hearing is in 8 days and he just barely sent me a response today. In was just wondering if he's allowed to do that? Because in was told I had to file a response within 21 days of the hearing or 21 days after I waa served, not sure which. But I was told 21 days and he didn't respond until after over 30 days with only 8 days left until the court hearing.

1 Lawyer Answer
Lane Wood
Lane Wood
  • Licensed in Utah

A: I think that you may be confusing the time to respond to a Petition (likely for custody or divorce) and the time to respond to an order to show cause. The 21 days to respond applies to a Petition or complaint that is served upon you. On the other hand, an Order to Show cause has different requirements.

The answer to this question depends greatly upon where you filed your Order to Show Cause. Even within the state of Utah, different Courts have different requirements for an Order to Show Cause. For example, in the Fifth District, the responding party does not need to file an answer at all. If you are in front of a commissioner, the response is usually due at least 14 days before the hearing. If it will be decided by a judge, a response is usually due 14 days after the motion is filed.

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