A Utah Notice of Default Judgment is a legal document that is issued when a court finds that a defendant has not responded to a lawsuit or other legal claim, and that the plaintiff is entitled to a judgment in their favor. The Notice of Default Judgment outlines the terms of the judgment, including the amount of money the defendant must pay the plaintiff. It also states the date on which the judgment will become final if the defendant does not reply or respond to the claim. There are two types of Utah Notice of Default Judgment. The first is a Default Judgment by Confession, which is issued when a defendant does not respond to a lawsuit or other legal claim, but has agreed to pay a certain sum of money or do a certain action to resolve the case. The second is a Default Judgment by Prove-Up, which is issued when a defendant does not respond to a lawsuit or other legal claim, and the court must enter a judgment in favor of the plaintiff based on the evidence presented.
Utah Notice of 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.
This Rule 55(a) requires that the Court enter all judgments by default and preserves Circuit Rule 15. Federal Rule 55(b) permits the Clerk to enter judgments by default for sums certain, if there has been no appearance, and if the defendant is not a minor or incompetent person; and that provision was deleted.
A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.
In determining whether the neglect is excusable, courts take a flexible approach and consider all relevant circumstances. For example, clerical errors, like a misreading of the filing date, have been considered excusable.
No judgment by default shall be entered against the state of Utah or against an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
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.
No judgment by default shall be entered against the state of Utah or against an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
The revision authorizes the court to perform its duty to enter judgment as a matter of law at any time during the trial, as soon as it is apparent that either party is unable to carry a burden of proof that is essential to that party's case.
