I Don’t Like the Decision my Commissioner Made; What Can I Do?

When it comes to divorce and family law cases, Utah is a bit different from other states.

For example, we use a commissioner system, which is pretty rare in America.

A commissioner is not quite a judge, but acts as something like an under-judge in divorce and family law cases.

What this means is a commissioner handles almost all aspects of a family law case, but he or she does not actually have decision-making authority.

What a commissioner does is hear disputes and make recommendations to a judge, then the judge signs off on those recommendations which makes them an order of the court.

Commissioners hear Temporary Orders, Motions for Order to Show Cause, Protective Orders, Temporary Restraining Orders, Pretrials, etc. Essentially, they hear and make recommendations on every aspect of a case with the exception those things right before trial.

So, commissioners have a lot of power in Utah divorce cases.

But what happens if your commissioner gets something wrong and makes a wrong decision? What can you do?

There really are two options.

First, you can deal with the wrong decision and let it go. I know, not a great option, but you have to decide if the decision was about something important enough to object to.

Second, you can object to the commissioner’s decision (technically, we call it a recommendation).

If you object, you will need to file a formal objection with the court. That needs to happen “within 14 days after the recommendation is made in open court or, if the court commissioner takes the matter under advisement, within 14 days after the minute entry of the recommendation is served.”

Your objection will be forwarded to the judge on your case, and you will have a hearing with that judge to discuss why you think the commissioner was mistaken.

Now, when an objection goes to the judge, the judge will have one of two hearings: (1) regarding law only, or (2) regarding law and facts (i.e., evidentiary hearing).

The distinction here is really important.

If the hearing regards law only, then you will argue only legal reasons why the commissioner was mistaken. You will not be able to introduce new evidence or present witnesses or live testimony. Also, the judge will assume the commissioner’s recommendation was correct and require you to show clear legal arguments why he or she was wrong. Hearings regarding only law are difficult to win.

If the hearing regards law and facts (i.e., it’s an evidentiary hearing), then the judge will review your situation de novo. In other words, the judge will give now weight to the commissioner’s recommendation. In this type of hearing, you would present witnesses and live testimony. There would be cross-examination, opening statements, and closing arguments. It’s very much like a mini-trial.

Be careful and decide which type of hearing you want. If you do not specifically ask for an evidentiary hearing in your objection, your judge will very likely schedule a hearing regarding law only.

If you would like to read the Utah rule of civil procedure that spells out how you object to your commissioner’s recommendation, click here.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 912 reviews
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts