There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
A Utah Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal document used in Utah to request the court to vacate or set aside a default judgment that was entered due to a mistake, inadvertence, surprise, or excusable neglect on the part of the party seeking relief. In this affidavit, the party seeking relief provides a detailed explanation of the circumstances that led to the default judgment and demonstrates why it should be vacated or set aside. This affidavit is crucial in convincing the court to reconsider the default judgment and provide an opportunity for the party to present their case on its merits. Keywords: Utah, affidavit, notice of motion, vacation, setting aside, default judgment, mistake, inadvertence, surprise, excusable neglect. Different types of Utah Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect may include the following: 1. Motion for Vacation or Setting Aside of Default Judgment due to Mistake: This type of affidavit is used when a default judgment is entered because of an innocent mistake made by the party, such as missing a court appearance or failing to respond to a summons. 2. Motion for Vacation or Setting Aside of Default Judgment due to Inadvertence: If the default judgment was the result of unintentional oversight or carelessness on the part of the party, this type of affidavit is used. 3. Motion for Vacation or Setting Aside of Default Judgment due to Surprise: When one party is caught off guard or surprised by the court's decision, leading to a default judgment, this affidavit is filed to demonstrate the circumstances of the surprise and ask the court to reconsider the judgment. 4. Motion for Vacation or Setting Aside of Default Judgment due to Excusable Neglect: In cases where the default judgment was caused by neglect that can be considered reasonable under the circumstances, this affidavit is used to argue for the vacation or setting aside of the judgment. The neglect may include factors such as illness, confusion, or misunderstanding. These different types of affidavits serve the same purpose of explaining the reasons behind the default judgment and persuading the court to grant relief based on the specific circumstances of the case.
