Rule 3.130.Disclosure of Related Matters When Seeking Court Order
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 3.130
Plain-English Summary
When you ask a judge for an order, the judge is entitled to know what else has happened, or is about to happen, on the same subject in front of a different judge. The duty covers three things: a ruling already made, a hearing, and an application for a ruling or a hearing. Past, pending, and requested all count.
The test is subject matter, not procedural identity. The other proceeding does not have to be the same motion or carry the same label. If it concerns the subject of the order you are requesting, you disclose it. Because UTCR 1.110 makes a party the litigant or the litigant's attorney, the obligation falls on whoever is doing the asking.
The rule matters most where a request reaches a judge who has not been living with the case, which is the ordinary posture of ex parte and emergency matters. UTCR 5.060 governs how stipulated and ex parte matters are presented, and this rule supplies the candor that makes that process workable. It does not prescribe the form of the disclosure, so it can be made in the motion papers or on the record. It also names no sanction of its own; the general sanction rule, UTCR 1.090, is what reaches a violation.
Frequently Asked Questions
What do I have to tell the judge when I ask for an order?
Any ruling, hearing, or application for a ruling or hearing before another judge that concerns the subject of the order you are requesting.
The trigger is overlap in subject, so a different motion on the same question still has to be disclosed.
Does a request that another judge already denied count?
Yes. A ruling before another judge concerning the subject of the order requested falls squarely within the duty, and a denial is a ruling.
Do I have to disclose a hearing that has not happened yet?
You do. The rule names a hearing and an application for a ruling or hearing, which reaches matters that are scheduled or merely requested as well as matters already decided.
How do I make the disclosure?
The rule does not prescribe a form. It requires that you inform the judge, which can be done in the papers presenting the request or orally when the request is made.
Putting it in the motion has the advantage of leaving a record that the disclosure was made.
What happens if I do not disclose it?
This rule states the duty without naming a consequence. UTCR 1.090 supplies the court's sanction authority for noncompliance with the UTCR, which can reach costs, expenses, and attorney fees where the resistance is willful and prejudicial.