Utah Code 30-3-4. Pleadings — Decree — Mandatory course requirements — Use of affidavit — Private records
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(1) As used in this section, “mandatory courses” means:
Terms Used In Utah Code 30-3-4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) the mandatory parenting course described in Subsection89-1-103(1)(a) ; and(1)(b) the divorce orientation course described in Section30-3-11.4 .(2)(2)(a) The complaint shall be in writing and signed by the petitioner or petitioner’s attorney.(2)(b) A decree of divorce may not be granted upon default or otherwise except upon legal evidence taken in the cause. If the decree is to be entered upon the default of the respondent, evidence to support the decree may be submitted upon the affidavit of the petitioner with the approval of the court.(2)(c) All hearings and trials for divorce shall be held before the court or the court commissioner as provided by Section78A-5-107 and rules of the Judicial Council. The court or the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case of a decree after default of the respondent, upon the petitioner’s affidavit.(3)(3)(a) If the parties to the divorce action have a child, the parties shall attend the mandatory courses:(3)(a)(i) for the petitioner, within 60 days after the day on which the petition is filed; and(3)(a)(ii) for the respondent, within 30 days after the day on which the respondent is served.(3)(b) If the parties to a divorce action do not have a child, the parties may choose to attend the divorce orientation course described in Section30-3-11.4 .(3)(c) The clerk of the court shall provide notice to a petitioner of the requirement for the mandatory courses.(3)(d) A petition shall include information regarding the mandatory courses when the petition is served on the respondent.(4) For a party that is unable to pay the costs of the mandatory courses, and before the court enters a decree of divorce in the action, the court shall:(4)(a) make a final determination of indigency; and(4)(b) order the party to pay the costs of the mandatory courses if the court determines the party is not indigent.(5)(5)(a) Except for a temporary restraining order under Rule 65 of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory courses.(5)(b) It is an affirmative defense in a divorce action that a party has not completed the mandatory courses and the action may not continue until a party has complied with the mandatory courses.(6)(6)(a) Notwithstanding Subsections (3) and (5)(b), the court may waive the requirement that the parties attend the mandatory courses, on the court’s own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, or feasible, or in the best interest of the parties.(6)(b) If the requirement is waived, the court may permit the divorce action to proceed.(7)(7)(a) A party to an action brought under this title or to an action under Title 78B, Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or enforce a judgment in the action may file a motion to have the file other than the final judgment, order, or decree classified as private.(7)(b) If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access, the court may classify the file, or any part thereof other than the final order, judgment, or decree, as private. An order classifying part of the file as private does not apply to subsequent filings.(7)(c) The record is private until the judge determines it is possible to release the record without prejudice to the interests that justified the closure. Any interested person may petition the court to permit access to a record classified as private under this section. The petition shall be served on the parties to the closure order.