This form is a generic motion requesting additional time to respond to a motion for summary judgment.
This form is a generic motion requesting additional time to respond to a motion for summary judgment.
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Rule 55 of the Utah Rules of Civil Procedure governs the procedures for obtaining a default in a Utah civil action and the entry of a default judgment against a party. Under Utah law, a court clerk may enter a default against a defendant who fails to answer a complaint within the required time period.
(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.
Utah Rule Civil Procedure 56 - Summary Judgment In order to support a motion for summary judgment under Utah law, the party making the motion must demonstrate that there are sufficient undisputed facts to establish that a judgment as a matter of law is appropriate.
The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
This rule is the federal rule, verbatim, and changes Utah law by granting the court discretion in convictions not involving dishonesty or false statement to refuse to admit the evidence if it would be prejudicial to the defendant. Current Utah law mandates the admission of such evidence. State v.
A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.