Objecting to a Commissioner's Recommendation
Commissioners make a lot of decisions in family law cases. However, their hearings are abbreviated. If a commissioner makes a mistake, a party can object and ask the judge to decide. However, parties should not slack off for the commissioner hearing.
Decisions by CommissionersIn Utah's more populous counties, a lot of the decisions in family law cases between initiation of the case and trial are made by a domestic commissioner. Hearings before commissioners are abbreviated. Typically, witnesses do not testify. Ultimately, the commissioner recommends that the court enter an order. Until or unless a judge orders otherwise, the commissioner's recommendation is the order of the court.
Objecting to a Commissioner's RecommendationIf a party to a case thinks the commissioner was incorrect, he or she can object to the recommendation within 14 days. This is done by filing a document explaining what recommendation should be changed and why. The opposing party will have two weeks to respond. The party objecting can then reply and file a document asking the court to have the judge decide or hold a hearing and then decide.
LimitsTypically, the judge cannot consider information not provided to the commissioner. Whenever attending a hearing before a commissioner, the parties should not hold back information or arguments. The parties should prepare as if the commissioner's decision is final.