Utah Plaintiff's Response to Defendants' Offer of Judgment

State:
Multi-State
Control #:
US-PI-0044
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to defendant's offer to settle case prior to trial. In this form, plaintiff responds by making a counter-offer.
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FAQ

No later than 28 days after entry of the judgment the court, on its own, may order a new trial for any reason that would justify a new trial on motion of a party. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

(a) Separate document required. Every judgment and amended judgment must be set out in a separate document ordinarily titled ?Judgment??or, as appropriate, ?Decree.?

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

Utah Rule Civil Procedure 56 - Summary Judgment Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.

Rule 26(a)(1). Not all information will be known at the outset of a case. If discovery is serving its proper purpose, additional witnesses, documents, and other information will be identified. The scope and the level of detail required in the initial Rule 26(a)(1) disclosures should be viewed in light of this reality.

Rule 58A(a) provides, ?Every judgment and amended judgment must be set out in a separate document ordinarily titled 'Judgment'?or, as appropriate, 'Decree. '? The rule sets out a few exceptions, mostly for post-judgment motions, and it also establishes a clear process for getting the Court to enter the final Judgment.

Each party must attach to the Financial Declaration the following: (1) For every item and amount listed in the Financial Declaration, excluding monthly expenses, copies of statements verifying the amounts listed on the Financial Declaration that are reasonably available to the party.

If a party in a case disagrees with a commissioner's recommendation they can file an Objection to Commissioner's Recommendation under Utah Rule of Civil Procedure 108. Either party can file the objection, but they must do so within 14 days of the commissioner's recommendation.

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Utah Plaintiff's Response to Defendants' Offer of Judgment