A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. The following form is a sample of such a motion.
Utah Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
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FAQ
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
Motions to compel disclosure or discovery. URCP 37. If a party does not respond to a discovery request, the party seeking discovery can file a motion asking the judge to compel discovery and impose sanctions.
Utah Rule Civil Procedure 56 - Summary Judgment Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.
A motion to quash the bindover order is a motion challenging whether the evidence presented at the preliminary hearing is sufficient to support the finding of probable cause. Having an experienced Utah criminal defense attorney on your side can give you the best chance of obtaining a successful outcome in your case.
Utah Rule of Civil Procedure 45(e)(4)(A). After an objection is served the person served with the subpoena does not have to comply with the subpoena. The party issuing the subpoena can then ask the court for an order to compel compliance by filing a motion to compel with the court.
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.
Upon application of either party and a showing of good cause, the court may allow up to a seven day continuance of the hearing to allow for preparation, including notification to any victims. The court may allow more than seven days with the consent of the defendant.
Objections to admissibility of exhibits or use of deposition testimony (sometimes these objections are called motions in limine). Objections to admissibility are governed by the Utah Rules of Evidence. Generally, not objecting means the evidence can be admitted at trial.
