Regarding: Post-Hearing Involving Commissioner/Objecting to Commissioner’s Recommendations
This is a letter explaining what may happen now that you have had a hearing involving a Commissioner. (In an earlier letter, we explained the role of Commissioners in Utah family law cases, so I won’t take time explaining that role now.) This letter is a general explanation of the process, and not necessarily specific to your case. If you would like greater explanation as it relates to your specific case, please, feel free to call us and ask any questions you may have. We will be happy to speak with you.
At this point, the Commissioner has held a hearing, read all pleadings, heard arguments from all sides, and has made Findings and Recommendations. We have very likely already discussed those Findings and Recommendations. If you believe the Commissioner made a mistake and made legally incorrect Recommendations, we can file an Objection with the Judge and ask that the Recommendations be overturned. Any Objection must be filed within fourteen days of the Commissioner’s Recommendations. If you wish to file an Objection, you must let us know as soon as possible since it takes time to draft an objection to a Commissioner’s Recommendations. If you do not tell us you would like to file and Objection, we will assume you have decided against doing so.
If you believe the Findings and Recommendations are correct, or you do not wish – because of cost or whatever other reason – to file and Objection, then we will move on to the next stage in your case. That may include any number of things, for example: mediation, Temporary Orders, discovery, Pretrial, custody evaluation, Evidentiary Hearing, etc.
(Note: If your hearing was a Motion for Order to Show Cause, and the Commissioner certified issues for contempt, then the next step will be to move on to an Evidentiary Hearing in front of your Judge. You should have received a letter explaining the Motion for Order to Show Cause process, which explained what goes on during an Evidentiary Hearing. If you do not have the letter, please let us know and we will mail it to you.)
Lastly, an attorney has been tasked with memorializing the Commissioner’s Findings and Recommendations. This means that attorney will draft the document, and all other parties and attorneys will have the chance to review the draft and suggest changes if any need to be made. If those changes are incorporated and everyone approves as to form, then the Findings and Recommendations (now called Order) will go to the Commissioner and Judge for signature. If an attorney will not make changes and, instead, files an Order with mistakes included, then an Objection will need to be filed, and a hearing on the Objection will be held to discuss the matter.
Hopefully, this letter has helped explain what may happen now that you have had a hearing involving a Commissioner. Again, if you have any questions regarding your case, please call 801-685-9999.
/s/ Marco Brown