Motion to Dismiss - How long to wait?

[ndragon]

My jurisdiction is: Utah

I apologize for the duplicate post but in the Courts, Decisions, ADR, Appeals section, this question has not received a response and has been listed for almost a week.
It is appropriate in the Consumer, Credit, Collection, Liens because I filed a Motion to Dismiss against a collection company and need to know when I can proceed.

Rule 7(c)(1) of Utah Rules of Civil Proceedure states:
"Memoranda required, exceptions, filing times. All motions, except uncontested or ex parte motions, shall be accompanied by a supporting memorandum. Within ten days after service of the motion and supporting memorandum, a party opposing the motion shall file a memorandum in opposition. Within five days after service of the memorandum in opposition, the moving party may file a reply memorandum, which shall be limited to rebuttal of matters raised in the memorandum in opposition. No other memoranda will be considered without leave of court. A party may attach a proposed order to its initial memorandum."

This rule states the other party has 10 days to contest?
Is that 10 business days, or 10 calendar days?
I need to know this so I can determine when to file the Request to Submit for Decision.

Thank you,
-Nick

 

[dee_dub]

No-one here knows any more than you do about Utah civil procedure. You can find this out by reading the rules yourself.

Rule 6. Time

(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed, without reference to any additional time provided under subsection (e), is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

 

[ndragon]

Dee_dub,
Thank you. I have read that. Based on what it says, do you agree that opposition to a motion must be filed within 10 days, not counting Saturday, Sunday or legal holidays?
As example, for a motion delivered on Friday, May 8, 2009, an opposition would have to be filed by Friday, May 22nd; Correct?

-Nick

 

[dee_dub]

That's how I read it. For whatever that's worth.