Utah Motion To Enter Default Judgment is a legal document used when one party in a lawsuit has failed to file a response to a complaint. This motion allows the plaintiff to request an order from the court to enter a default judgment against the defendant. The motion must be filed with the court clerk and serve a copy to the other party. There are two types of Utah Motion To Enter Default Judgment: Default Judgment With Damages and Default Judgment Without Damages. Default Judgment With Damages grants the plaintiff a monetary award for damages, while Default Judgment Without Damages does not provide a monetary award, but still establishes the defendant's liability.
Utah Motion To Enter Default Judgment
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Motion To Enter Default Judgment
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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.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
The parties are entitled to compulsory process for the appearance of any person, including character witnesses, to testify at the hearing.
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.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear the clerk shall enter the default of that party.
(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.
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.
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.