Rule 8.055 - PRE- AND POST-JUDGMENT RELIEFThe procedures of this rule are limited to domestic relations cases. A contempt proceeding arising out of a domestic relations case is not covered by this rule.
(1) Pre-Judgment Temporary Custody and Parenting Time In addition to the requirements of UTCR 8.040, the proposed Order to Show Cause shall comply with the following requirements:
(a) Shall not contain a date for hearing.(b) Shall provide notice that if a party wishes to object to any of the requested relief, that adverse party shall submit for filing and serve a written response or declaration in opposition within fourteen (14) days from the date of service of the order, or within such additional time as allowed by the court upon showing of good cause.(c) Shall provide notice that if such opposing response is not submitted for filing and served within the time allowed, the requested relief may be granted by the court.(2) Pre-Judgment Temporary Financial(a) Temporary financial relief shall be determined without testimony based on the Uniform Support Declarations of the parties unless oral argument is requested. If either party requests oral argument pursuant to UTCR 5.050, both parties shall submit for filing a Uniform Support Declaration prior to oral argument.(b) Requests for temporary child support shall include a child support computation worksheet.(c) After the response deadline, the moving party shall notify the court by submitting a Notice of Readiness for Decision for filing.(d) If the opposing party fails to submit an opposing written response for filing within the time allowed, the moving party shall submit an order allowing the relief requested in the order to show cause. The court reserves the right to require the taking of testimony of the moving party in such default matters.(3) Post-Judgment Relief (a) In addition to the requirements of UTCR 8.050, the proposed Order to Show Cause on post-judgment motions to modify any terms of the judgment shall provide notice that if a party wishes to object to any of the requested relief, that party shall file and serve a written response or declaration in opposition within thirty (30) days from the date of service of the order, or within such additional time as allowed by the court upon showing of good cause, and if none is filed, the requested relief may be granted by the court.(b) If the opposing party fails to file an opposing written response or declaration within the time allowed, the moving party shall submit a proposed order allowing the modification requested in the order to show cause. The court reserves the right to require the taking of testimony of the moving party in such default matters. The court also reserves the right to enter the order requested if the opposing party does not file the required response and it may do so upon its own motion if the moving party fails to present for signature the proposed order required above.(4) Immediate Danger Temporary Custody With due regard for other pending matters, the court will attempt to schedule an initial appearance to consider a party's affidavit or declaration in support of an ex parte temporary order and take ex parte testimony regarding the matters submitted within one (1) judicial day of the date of filing.
Amended effective 2/1/2024.