Utah Court Rules

State Court Rules

Utah Rules of Appellate Procedure

Title V. General Provisions

Rule 35. Petition for Rehearsing

(a) Time for filing;  contents;  answer;  oral argument not permitted.  A rehearing will not be granted in the absence of a petition for rehearing.  A petition for rehearing may be filed with the clerk within 14 days after the entry of the decision of the court, unless the time is shortened or enlarged by order.  The petition shall state with particularity the points of law or fact which the petitioner claims the court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires.  Counsel for petitioner must certify that the petition is presented in good faith and not for delay.  Oral argument in support of the petition will not be permitted.  No answer to a petition for rehearing will be received unless requested by the court.  The answer to the petition for rehearing shall be filed within 14 days after the entry of the order requesting the answer, unless otherwise ordered by the court.  A petition for rehearing will not be granted in the absence of a request for an answer.

(b) Form of petition;  length.  The petition shall be in a form prescribed by Rule 27.  An original and six copies shall be filed with the court.  Two copies shall be served on counsel for each party separately represented.  Except by order of the court, a petition for rehearing and any response requested by the court shall not exceed 15 pages.

(c) Action by court if granted.  If a petition for rehearing is granted, the court may make a final disposition of the cause without reargument, or may restore it to the calendar for reargument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the particular case.

(d) Untimely or consecutive petitions.  Petitions for rehearing that are not timely presented under this rule and consecutive petitions for rehearing will not be received by the clerk.

(e) Amicus curiae.  An amicus curiae may not file a petition for rehearing but may file an answer to a petition if the court has requested an answer under subparagraph (a) of this rule.

UT R JUV Rule 41

Utah R. Juv. P. Rule 41

Utah Court Rules

State Court Rules

Utah Rules of Juvenile Procedure

Section XI. Trials

Rule 41. Burden of Proof

The burden of proof in matters brought before the juvenile court shall be as follows:

(a) criminal and delinquency cases must be proved beyond a reasonable doubt;

(b) neglect, abuse and dependency cases and cases involving the permanent deprivation of parental rights must be proved by clear and convincing evidence unless otherwise provided by law;

(c) matters regarding child custody, support, and visitation certified by the district court to the juvenile court must be proved by a preponderance of the evidence;  and

(d) motions and matters regarding protective orders must be proved by a preponderance of the evidence.