Utah Order On Motion To Set Aside

State:
Utah
Control #:
UT-SKU-0653
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PDF
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Description

Order On Motion To Set Aside

Utah Order On Motion To Set Aside is a legal procedure which allows a party to vacate, or set aside, a judgment that has been previously entered against them. This motion can be used in both civil and criminal cases. The motion can be filed by either party, and must be filed within a certain time frame. The order grants relief from the judgment, and the party may be allowed to present new evidence or arguments to support their motion. There are two types of Utah Order On Motion To Set Aside: 1. Post-judgment Motion To Set Aside — This motion can be used when a party seeks to vacate a judgment that has already been entered against them. 2. Conditional Motion To Set Aside — This motion can be used when a party seeks to vacate a judgment on the condition that certain conditions are met. This motion must be filed within a certain timeframe, and the conditions must be specified in the motion.

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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.

Rule 62 - Stay of Proceedings to Enforce a Judgment or order (a) Delay in execution. No execution or other writ to enforce a judgment or an order to pay money under Rule 7(j)(8) may issue until the expiration of 28 days after entry of the judgment or order, unless the court in its discretion otherwise directs.

Q: What is Rule 60? A: Rule 60 of the Rules of Civil Procedure authorizes a section 2255 movant to ask the court for relief from a judgment. Rule 60 differs from Rule 59 in that Rule 60 may be used after the 28 day timeframe for filing a Rule 59(e) motion has run.

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.

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.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

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.

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

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Utah Order On Motion To Set Aside