Motion for Leave to Amend

If you need to change papers you filed, like a complaint, answer, or a petition, you might need the court's permission first. Asking for permission is called asking for leave to amend. You can ask for permission by filing a Motion for Leave to Amend.

You would only file a Motion for Leave to Amend to change one of these papers:

• a complaint
• an answer
• a third-party complaint
• a reply to an answer

If what you need to change is not listed above, you can file new papers with the correct information and write "Amended" in he title. File your papers with the court and serve a copy on the other parties. If you have questions about this, see our page on Finding Legal Help.

When do you need to file a Motion or Leave to Amend?

You do not need to file a Motion for Leave to Amend if you file your amended papers within 21 days of:

• Serving your original papers OR
• The other side serving you their answer, counter claim, or motion to dismiss.

If the deadline has passed but the other party agrees in writing to allow you to file amended papers, you do not need to file a Motion for Leave to Amend.

If less than 21 days have passed, use whatever form you used to prepare your original papers. Write “Amended” above the title. File your papers with the court and serve a copy on the other parties.

If more than 21 days have passed, keep reading.

Will your motion be decided by a judge or commissioner?

Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.

If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.

Do you have a family law case?

Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.

No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.

Was your case filed in the 1st, 2nd, 3rd, or 4th district?

Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.

No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.

I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.

Filing your motion

How to File a Motion Decided by a Commissioner

Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:

• Type or clearly print the motion. Use short sentences. Make your motion easy to read to help the judge understand it.
• Title the motion to say what you want the court to order. For example, if you need to ask the court to change discovery deadlines in your case, you can call your motion "Motion to Change Discovery Deadlines."
• Say what you want and why you want it. Include relevant details that support what you are asking for. Be clear about what you want the judge to order.
• Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.
• You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing.
• Most motions can be up to 10 double-spaced pages. If you aren't sure abut the page limits, read Utah Rule of Civil Procedure 101(i).
• Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party."

Aftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.

If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.

Are you filing exhibits with your motion? If yes, read more about exhibits below.

Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.

If the other parties do not agree, you will need to have them served with the papers.

Step 3: Wait, respond to any other paperwork, and attend the hearing
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.

The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.

If you need help with the order, read about orders below.

The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.

How to File a Motion Decided by a Judge

Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:

• Type or clearly print the motion. Use short sentences. Make your motion easy to read to help the judge understand it.
• Title the motion to say what you want the court to order. For example, if you need to ask the court to change discovery deadlines in your case, you can call your motion "Motion to Change Discovery Deadlines."
• Say what you want and why you want it. Include relevant details that support what you are asking for. Be clear about what you want the judge to order.
• Cite any statutes, ordinances, rules, or appellate opinions that support your arguments.
• You can request a hearing as part of the motion. The judge might grant the request for hearing or might decide the motion based on the papers without a hearing.
• Most motions can be up to 15 double-spaced pages. If you aren't sure about the page limits, read Utah Rule of Civil Procedure 7(q).
• Because you are the party filing the motion, you are the "moving party." The other party is sometimes called the "opposing party."

Are you filing exhibits with your motion? If yes, read more about exhibits below.

Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.

If the other parties do not agree, you will need to have them served with the papers.

Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.

Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below.

The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.

The chart below has more information when papers should be filed.