Not legal advice
This describes how the process generally works. Deadlines in your case may differ. If something has been filed against you, talk to a lawyer.
What a UPEPA special motion has to contain
A checklist of what the statute and Rule 7 require in the document itself.
No official form exists for a special motion for expedited relief. What follows is a checklist of the requirements the statute and the rules impose on the document. It describes the rules; it is not advice about any particular case, and what a motion should actually argue depends on facts this page knows nothing about.
The deadline
Filed within 60 days of service. A court may allow a later filing only for good cause, which is discretionary and should not be planned around.
§ 78B-25-103Form and title
Titled "Motion [short phrase describing the relief requested]." The supporting memorandum is part of the motion, not a separate filing.
Under Rule 7 the motion must include a concise statement of the relief requested and the grounds for it, then sections setting out the relevant facts and the argument citing authority.
Utah R. Civ. P. 7(b)Evidence
Facts come in by affidavit or declaration. Section 78B-25-106 directs the court to consider the pleadings, the motion, any response, and any evidence that could be considered on a motion for summary judgment under Rule 56, which is the standard your supporting evidence has to meet.
Relevant portions of any document, discovery response, or deposition you cite must be attached.
§ 78B-25-106 · Utah R. Civ. P. 7The showing the movant has to make
Section 107(1)(a) puts one thing on the moving party: establishing that the act applies, meaning the claim is based on communication in or about a governmental proceeding, or on the exercise of speech, press, assembly, petition, or association on a matter of public concern.
Everything after that shifts. The responding party must show the act does not apply and must establish a prima facie case as to each essential element of every claim.
§ 78B-25-107(1)Notice to the responding party
Rule 7 requires motions to carry the caution language and the bilingual Notice to Responding Party, unless the opposing party is represented and has opted out.
Length, where the rule is genuinely unsettled
Rule 7(q) sets limits by motion type and a UPEPA motion is not on the list. Motions under Rules 12(b), 12(c), 56, or 65A get 25 pages or 9,000 words; everything else gets 15 pages or 5,400. A special motion is none of those by name, though it is dispositive and Section 106 applies the Rule 56 standard.
Until a court resolves it, the conservative course is the shorter limit, or moving for leave to file overlength. Anyone relying on a word limit rather than a page limit must certify compliance and state the word count.
What happens the moment it is filed
All proceedings between the parties are stayed, including discovery and any pending hearing. The court must hear the motion within 60 days and rule within 60 days of the hearing. None of that starts on its own: someone still has to file a Request to Submit for Decision.
§§ 78B-25-104(1), -105, -108 · Utah R. Civ. P. 7(g)This is general information about court rules, not legal advice. It describes what the rules require of a document. It does not tell you whether to file one, what to argue, or whether the act reaches your situation. Those are questions for a lawyer who knows your facts. Where to get help →