Utah Rule of Civil Procedure 7B Explained: Your Tool for Enforcing Court Orders

Utah Rule of Civil Procedure 7B Explained: Your Tool for Enforcing Court Orders

If you need to enforce a court order in Utah, you’re going to work with Utah Rule of Civil Procedure 7B. This rule is the legal mechanism that lets you file a Motion to Enforce when someone violates a decree. But what does the rule actually say? How does it work? What are the requirements? And how can you use it strategically?

We file dozens of motions under Rule 7B every month for clients throughout Utah. Understanding this rule is essential if you want to enforce your decree effectively. This is the definitive guide.

A Brief History: Why Rule 7B Exists

Until May 1, 2021, Utah courts used a different procedure called the Order to Show Cause (OSC). That procedure was cumbersome and inconsistent. Different judges applied different standards. Some treated OSCs as contempt proceedings (where the burden was higher), while others treated them more leniently.

Utah courts recognized this was causing problems, so they created Rule 7B to replace the OSC system. Rule 7B is now the uniform, standardized way to enforce court orders in Utah. It applies to all types of orders: custody, child support, alimony, property division, and any other court-ordered obligation.

The change happened in 2021, but not everyone knows about it or understands how it works. If your case predates May 2021, you may have seen the old OSC procedure. But any new enforcement motion filed since then uses Rule 7B.

What Rule 7B Says: The Basic Framework

Utah Rule of Civil Procedure 7B establishes a streamlined procedure for enforcing court orders. Here’s what you need to know about its structure:

• It applies to all court orders: Not just decrees, but any order a Utah court has issued
• The motion must be clear and specific: You can’t make vague allegations. You must state exactly which order was violated and how
• An affidavit is required: Your motion must be supported by a sworn affidavit (your truthful statement under oath)
• Service is required: The other party must be served with notice of the motion
• The response period is 14 days: The other party has exactly 14 days to respond
• A hearing may be required: The judge may rule based on papers alone, or may schedule a hearing where both sides present evidence

This framework exists in the rule itself. Let’s dig into each component.

The Structure of a Motion to Enforce Under Rule 7B

Your Motion to Enforce must include specific components or it will be rejected or ruled against.

1. Identification of the Order

You must clearly identify which court order you’re trying to enforce. You’ll state the case number, case caption (names of parties), date of the order, and what specific provision is being violated. Example: “The Divorce Decree issued in Case No. 2023-CV-12345, dated March 15, 2023, requires Respondent to pay $800 per month child support.”

2. Statement of the Violation

You describe what the order requires and how it’s been violated. Be specific: don’t just say “they’re not paying support.” Say: “The Decree requires payment of $800 per month, due the 1st of each month, to the Office of Recovery Services. From January 2024 through March 2024, Respondent has failed to make three payments, leaving an arrearage of $2,400.”

Rule 7B requires you to state facts, not conclusions. “They’re being a jerk” is a conclusion. “They have paid only $400 of the required $800 in February” is a fact.

3. The Affidavit

Your motion must be accompanied by an affidavit—a sworn statement where you confirm under oath that the facts you’ve stated are true. The affidavit begins with language like: “I certify under penalty of perjury that the following is true…”

You’re signing this under oath. False statements in an affidavit can result in perjury charges. Judges take affidavits seriously. Make sure everything in yours is accurate and provable.

4. Exhibits and Evidence

Attach documents that support your claim:

• The actual divorce decree or court order you’re enforcing
• Payment records showing what wasn’t paid
• Text messages, emails, or communications showing the violation
• Photos, records, or documents proving the facts
• Affidavits from witnesses if needed

Each exhibit should be labeled (Exhibit A, B, C) and referenced in your motion and affidavit.

5. A Proposed Order

You provide a proposed order for the judge to sign if they rule in your favor. This order states what the violating party must do, any remedies (fines, attorney fees, makeup time), and consequences for further violations.

Service Requirements: Notifying the Other Party

Rule 7B requires that the other party be served with your motion. They have a constitutional right to notice and opportunity to be heard. You can’t file a motion to enforce and have the judge rule against someone who doesn’t know about it.

Service can happen through:

• Service on their attorney: If they have a lawyer representing them, serve the attorney. This is typically fastest and most reliable.
• Personal service: A process server or sheriff serves the other party directly at their residence or workplace
• Service by mail: Mail certified copies to their last known address
• Electronic service: If they’ve agreed to electronic service, you can email the documents

You must file proof of service with the court—a document confirming when and how the other party was served. Without proof of service, the court won’t proceed.

The 14-Day Response Period: What Happens Next

Once served, the other party has exactly 14 days under Rule 7B to respond. This is a mandatory timeline established by the rule itself.

In those 14 days, they can:

• File a written response: They can contest the violation, provide their own evidence, or explain why the order shouldn’t be enforced
• File a counterclaim: If you violated an order affecting them, they can allege violations against you in their response
• Request a hearing: They can demand that the matter be heard by a judge rather than decided on papers
• Agree and request dismissal: They can admit the violation and ask you to dismiss the motion in exchange for compliance
• Not respond at all: If they don’t respond within 14 days, the court can treat the facts in your motion and affidavit as admitted

If they don’t respond, you have a strong advantage. The judge can grant your motion based on your uncontested evidence without a hearing. Many enforcement cases are won at this stage because the violation is so clear that the other party doesn’t bother to contest it.

The Hearing Procedure

If the other party contests the motion or if you believe a hearing would strengthen your case, the judge will schedule a hearing. Here’s what happens:

Before the Hearing

• The judge reviews the motion, affidavits, and evidence from both sides
• You and the other party (or your attorneys) appear at the scheduled time
• You may bring witnesses or additional evidence

At the Hearing

• You present first: You explain the violation, present evidence, and answer the judge’s questions
• They present second: The other party or their attorney presents their defense, evidence, and arguments
• The judge asks questions: The judge may ask clarifying questions of either party
• Rules of evidence apply loosely: This isn’t a formal trial, but the judge expects reliable evidence. Hearsay is treated skeptically; direct evidence and documents are preferred

After the Hearing

• Ruling from the bench: The judge may rule immediately, announcing their decision and stating the order
• Ruling on advisement: The judge may “take the matter under advisement,” meaning they’ll issue a written decision within 7-14 days

The Burden of Proof in Rule 7B Hearings

What does it take to win a Motion to Enforce? The legal standard is called “preponderance of the evidence”—which means you need to show it’s more likely than not (more than 50%) that the violation occurred.

This is a lower burden than “beyond a reasonable doubt” (used in criminal cases), but higher than no evidence at all. The judge needs to be convinced by your evidence that what you’ve alleged is true.

How do you meet this burden?

• Documents: Payment records, mortgage statements, title reports, email chains—these are powerful because they speak for themselves
• Testimony: Your sworn testimony about what happened carries weight, but only if it’s specific and credible
• Circumstantial evidence: Sometimes you piece together facts that point to a violation. “They said they’d pay, they didn’t pay, they have the money” suggests they won’t pay
• Admissions: If the other party admits the violation in their response or at the hearing, that’s the strongest evidence possible

Remedies Available Under Rule 7B

If you win your Motion to Enforce, what can the court order? Rule 7B gives courts broad remedial powers:

• Compliance orders: “You must pay the arrearage by April 15, 2024”
• Makeup time or payment: For custody violations, makeup parent-time; for support violations, arrearages with interest
• Attorney fees and costs: The violating party pays for your attorney’s work on the enforcement motion
• Contempt findings: With findings of willful violation, fines up to $1,000 and jail time up to 30 days per violation
• Modification of the order: The court can modify the underlying order to address patterns of violation
• Wage garnishment: For financial violations, court-ordered wage garnishment from the violator’s employer
• Asset seizure: For serious violations, court-ordered seizure or liens on property

Strategic Considerations: How To Use Rule 7B Effectively

Understanding Rule 7B is one thing; using it strategically is another. Here are key considerations:

Be Specific, Not General

Vague motions fail. Don’t say “They’re not following the order.” Say “The order requires $1,800/month; they’ve paid $1,200, leaving a $600 arrearage in March.” Specificity wins.

Document Everything

Don’t rely on your memory or verbal proof. Get documents: payment records, court documents, communications. Judges trust documents.

Follow the Rule Exactly

Include the affidavit, serve properly, file the proof of service, label your exhibits. Missing one element can get your motion dismissed for procedural defects, not because you’d lose on the merits.

Consider Your Timing

File sooner rather than later. The longer you wait, the more arrearages accumulate and the colder the evidence becomes. File within weeks of discovering the violation, not months or years later.

Request Specific Remedies

Don’t just ask the court to “enforce.” Ask for: “Order Respondent to pay $600 in arrearages, plus interest, plus my $2,500 in attorney fees, by April 15, 2024, with contempt consequences if not paid.”

Rule 7B in Your Enforcement Strategy

Rule 7B is the legal framework. But it’s not a substitute for good facts, clear documentation, and strategic thinking. At DecreeHelp, we use Rule 7B the way it was intended—as a precise, efficient tool to enforce orders that have been violated.

We prepare motions that follow the rule exactly, include all required components, and present evidence in the clearest possible way. We know what judges are looking for and how to structure motions to win. If you’re facing a decree violation, understanding Rule 7B is the first step. Using it effectively is the second.