Utah Divorce Order to Show Cause: Order to Show Cause Checklist
This is the last in a series of posts about enforcing Utah divorce decrees.
So far, I’ve provided the following:
- The possible penalties/punishments for violating a divorce decree.
- How to file a motion for contempt (i.e., a motion for an order to show cause).
- A template sworn declaration.
- A template order to show cause.
If you are a do-it-yourselfer, these will hopefully help you on your way to filing for an order to show cause. But, providing templates and explaining the process still leaves some pretty big holes in knowledge, which leads to poor execution.
Because of this, I wanted to provide the last piece of the puzzle: our internal order to show cause checklist.
This is the same checklist our attorney use when they draft our order to show cause documents. It’s meant to lay everything out systematically so nothing is missed. Hope it helps.
Brown Family Law’s Order to Show Cause Checklist
OSC Checklist (Initial Each Step As it is Completed)
Initial Prep
____ Ensure there is an order signed by the Court
____ Make sure the order is operative (usually the last Order, although in many cases there are multiple orders address different facets of the case)
____ Identify each individual violation of an order/orders present in the case
____ Quickly summarize (no more than ten words) each individual violation in chronological order; include for each violation
Date
Time (as close as possible)
____ Specifically identify all evidence presently available to prove each individual violation
____ Write each piece of evidence under the quick summary of each individual violation, indicating you have it (Have it or HI)
____ If necessary to prove a violation, identify additional evidence needed
____ Write each piece of additional evidence under the quick summary or each individual violation, indicating you need it (Need it or NI)
____ Identify the source of the additional evidence (e.g., receipts from client, police reports, narratives from client re incident to incorporate in to sworn declarations)
____ Write the source identification under the correlated additional evidence necessary to prove each individual violation
____ Repeat the above steps until all violations are identified and all evidences (both presently available and still needed) are laid out on a single document (preferably a one-page document)
Acquiring Additional Evidence
____ If needed evidence will come from client, send email to client requesting each individual evidence needed; be as specific as possible
____ Give client a deadline within which client must provide you with all evidence
____ Calendar the deadline
____ If evidence will come from other sources (GRAMA request, witnesses, etc.), create plan to acquire evidence by a deadline date (this may include assigning the task to the paralegal)
____ Calendar the deadline
Writing the OSC and Sworn Declaration
____ Use template OSC found in forms and pleadings folder
____ If there are multiple portions of the order violated, organize the violations in to sections (e.g., violations regarding parent-time, violations regarding non-payment of medical bills)
____ If there are multiple violations of the same portion of the order, briefly explain each violation individually in the same section (using different numbered paragraphs, for example)
____ First lay out the portion of the order violated by referencing the order, then briefly explain how OC violated that portion of the order (this should be very brief since you will expound on it in the Sworn Declaration(s))
____ Repeat this process for every individual violation
____ Prepare sworn declarations in such a way that they only address the violations alleged in the OSC, delineate sections of the sworn declaration correlating to the violation alleged (e.g., violations regarding parent-time, violations regarding non-payment of medical bills), quote the portion of the order violated, then explain each violation, laying out and citing all evidence necessary to prove that particular violation
____ Ensure the OSC, including all evidence, does not violate the page limit in Rule 101 (10 pages for initial and responding memoranda, and 5 pages for replies; party may not provide more than a total of 25 pages per OSC without leave of the court)
____ Prepare any summaries or charts necessary to keep under page limit
____ Check and recheck figures on all summaries and charts to ensure accuracy
____ Send OSC to client to review
____ Make any necessary changes after client’s review
____ If ex parte motion for over-length memorandum is necessary because of the OSC’s voluminous nature, prepare
Filing and Scheduling
____ File finished OSC (and over-length motion, if necessary) with court
____ If summaries and charts were used, email OC all evidence underlying those summaries and charts
____ Email copy of OSC and underlying evidence to client
____ Schedule OSC hearing
____ File Notice of Hearing
____ Email Notice of Hearing to client
____ Put deadline dates on calendar (Rule 101)
Response
____ Receive and annotate response
____ Email response to client
Possible Objections/Sanctions
____ If respondent does not include exhibits referred to in response, prepare and file Objection under Rule 101(h)(2)
____ If response is not timely, file motion requesting late filing sanctions under Rule 101(j)
____ Email all pleadings to client
Reply
____ Calendar reply due date; must be filed at least seven calendar days before the hearing (e.g., if the hearing is on a Friday, the reply would be due the Friday before, although Thursday would be preferable)
____ Identify arguments to respond to
____ Identify any additional evidence necessary to reply
____ Acquire all additional evidence necessary in manner explained above
____ Draft reply, ensuring you do not go over the page limit of 25 total pages
____ Send reply to client to review
____ Make any necessary changes after client’s review
____ File reply
____ Email reply to client
Sworn Declaration for Attorney Costs and Fees
____ Prepare and file sworn declaration for attorney costs and fees (as well as any other costs and fees necessitated by having to file the OSC)
____ File sworn declaration one to two days before the hearing
____ Email sworn declaration to client
