1. (1) A party wishing to file a motion to dismiss on any grounds described in Rule 12(b)(1) through 12(b)(7) of the Utah Rules of Civil Procedure, shall file the motion before filing a responsive pleading.

2. (2) In a case that is under agency review:

   1. (a) a party may file a motion to dismiss for:

      1. (i) failure to comply with a jurisdictional deadline;
      2. (ii) failure to file a hearing transcript; or
      3. (iii) failure to file a required memorandum.

   2. (b) A party may not file a motion to dismiss on an allegation or argument as to:

      1. (i) the sufficiency of a pleading or a memorandum in support;
      2. (ii) the sufficiency of the evidence; or
      3. (iii) any other issue that requires substantive analysis.

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Last Change: January 10, 2024

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)