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Utah Motion To Set Aside

Category:
Statewide - Small Claims
State:
Utah
Control #:
UT-SKU-0647
Format:
PDF
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Description

Motion To Set Aside
A Utah Motion To Set Aside is a legal document that is used to ask a court to reverse or suspend a judgment or ruling due to an error or mistake in the proceedings. It is typically used when a party in a case believes that they did not receive due process or were not represented adequately. There are two types of Utah Motion To Set Aside: (1) Motion To Set Aside Default Judgment — this is used when a party believes that a default judgment was entered incorrectly or without proper notice; and (2) Motion To Set Aside Summary Judgment — this is used when a party believes that a summary judgment was entered incorrectly or without proper notice. Both types of motions require an affidavit from the party in which they explain why they believe the court should reverse or suspend the judgment.

A Utah Motion To Set Aside is a legal document that is used to ask a court to reverse or suspend a judgment or ruling due to an error or mistake in the proceedings. It is typically used when a party in a case believes that they did not receive due process or were not represented adequately. There are two types of Utah Motion To Set Aside: (1) Motion To Set Aside Default Judgment — this is used when a party believes that a default judgment was entered incorrectly or without proper notice; and (2) Motion To Set Aside Summary Judgment — this is used when a party believes that a summary judgment was entered incorrectly or without proper notice. Both types of motions require an affidavit from the party in which they explain why they believe the court should reverse or suspend the judgment.

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FAQ

(1) On timely motion of any party, where transfer to a proper venue is available, the court must transfer any action filed in an improper venue. (2) The court must give substantial deference to a plaintiff's choice of a proper venue.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move for summary judgment at any time. Unless the court orders otherwise, a party may file a motion for summary judgment at any time no later than 28 days after the close of all discovery.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct entry of a new judgment.

The parties are entitled to compulsory process for the appearance of any person, including character witnesses, to testify at the hearing.

Rule 100A - Case Management of Domestic Relations Actions (a)Case management tracks. All domestic relations actions, as defined in Rule 26.1, will be set for a case management conference before the court, or a case manager assigned by the court, after an answer to the action is filed.

Rule 60 - Relief from Judgment or Order (a) Clerical mistakes. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.

If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court may order the plaintiff to pay all or part of the costs of the previous action and may stay the proceedings until the plaintiff has complied.

Each interrogatory shall be answered separately and fully in writing under oath or affirmation, unless it is objected to. If an interrogatory is objected to, the party shall state the reasons for the objection. Any reason not stated is waived unless excused by the court for good cause.

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More info

Fill out the Motion form. Defendant's name, address, and telephone no.Call the clerk's office and ask to schedule a hearing for a Motion to Set Aside Default Judgment. To ask the judge to set aside your default judgment, you must file a "motion" (a formal written request) with the court. In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Complete this form to appeal to have a default judgement regarding a blight ticket set aside. In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. BEFORE THE COURT are the following motions: (1) Defendants' motion to vacate order of default (ECF No. Motion to Set-Aside the Default Judgment. NOW COMES, the above named Respondent or Respondent's Representative, and asks this Administrative Body to Set-.

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