Utah Interpleader Judgment

State:
Utah
Control #:
UT-SKU-0639
Format:
PDF
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Description

Interpleader Judgment

Utah Interpleader Judgment is a legal action used to determine which party has the right to receive property or money when multiple individuals claim ownership. In an interpleader action, the plaintiff (the party holding the money or property) deposits the disputed funds with the court, and the court in turn distributes the funds to the appropriate claimant. This allows the plaintiff to avoid the risk of having to decide which claimant is actually entitled to the funds. There are two types of Utah Interpleader Judgment: interpleader in rem and interpleader in personam. Interpleader in rem is the filing of a complaint when the property or money is located in Utah. Interpleader in personam is the filing of a complaint when the plaintiff is located in Utah and the claimants are located out of state.

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FAQ

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.

In an interpleader action, a party who knows two or more other parties are making a claim on some asset controlled by the party can ask the court to decide who has what rights to the asset, deposit the asset into the custody of the court or a third party and remove itself from the litigation.

Under rule 59 of Utah Rules of Civil Procedure, the court may grant a new trial or alter or amend its judgment for any of the following reasons: Irregularity in the proceedings of the court or opposing party or any order of the court or abuse of discretion that somehow prevented the party from having a fair trial.

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.

Under Federal Rule of Civil Procedure 58(e): Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees.

Rule 58A(a) provides, ?Every judgment and amended judgment must be set out in a separate document ordinarily titled 'Judgment'?or, as appropriate, 'Decree.

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 58B - Satisfaction of Judgment (a) Satisfaction by acknowledgment. (a)(1) Within 28 days after full satisfaction of the judgment, the judgment creditor or the judgment creditor's attorney must file an acknowledgment of satisfaction in the court in which the judgment was entered.

More info

Plaintiff(s). (Write the full name of each plaintiff who is filing this complaint. If the names of all the plaintiffs cannot fit in the space above,.A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim. (b) Relation to Other Rules and Statutes. Over Mr. Rainess' objection that interpleader was improper, the trial court concluded that the Bank had properly interpleaded the entire IRA; it awarded the. CHRISTOPHER TODD have completed Rule 4 Waivers of Service of Summons and have received copies of the Complaint in Interpleader in this matter. Defendant. Interpleaders' entire course of conduct appears to be designed to manufacture a mechanism to recoup excessive attorneys' fees at Plaintiffs'. Check whether you are the plaintiff or the attorney for the plaintiff. Complete the heading exactly as it appears in the Affidavit and Summons. The plaintiff may deny liability in whole or in part to any or all of the defendants.

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Utah Interpleader Judgment