A Utah Motion to Reopen Case is a legal document filed in a Utah court that requests a judge to take a second look at a previously closed case. It is used to reopen a case that was previously dismissed, to modify a court order or judgment, or to allow new evidence to be presented in a case. There are two types of Utah Motion to Reopen Case: 1) Motions to Reopen Case based on newly discovered evidence and 2) Motions to Reopen Case based on errors of law or an incorrect application of the law. The motion must provide a factual basis for the request, and the judge must determine whether the motion is timely and whether the new evidence would likely produce a different result.
Utah Motion to Reopen Case
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Motion to Reopen Case
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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.
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.
The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
A judgment should not contain a recital of pleadings, the report of a master, or the record of prior proceedings.
If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter non-final judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
Utah Rule Civil Procedure 55 - Default Judgment Under Utah law, a court clerk may enter a default against a defendant who fails to answer a complaint within the required time period. Once a default has been entered against a party, Utah law provides that the opposing party may be entitled to a default judgment.
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.