Utah Motion and Memorandum for Entry of Default Judgment

State:
Utah
Control #:
UT-KS-359-02
Format:
PDF
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Description Default Judgment

A02 Motion and Memorandum for Entry of Default Judgment
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FAQ

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

Dispositive motions therefore can accelerate the resolution of a claim or lawsuit, promote efficiency, and conserve judicial resources. For example, motions for default judgment, motions to dismiss, and motions for summary judgment all may result in the disposition of claims without a trial.

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

A motion for default is made when a defendant fails to file a timely answer to a complaint/petition.If you were not served with the original petition/complaint, you can always file a petition to reopen the case.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

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Utah Motion and Memorandum for Entry of Default Judgment