Utah Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

State:
Multi-State
Control #:
US-01057BG
Format:
Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(a) Automatic Stay. Except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise. (b) Stay by Bond or Other Security.

Rule 52 - Appeals (a) Except as otherwise provided by law, an appeal may be taken from the juvenile court to the Court of Appeals from a final judgment, order, or decree by filing a Notice of Appeal with the clerk of the juvenile court within 30 days after the entry of the judgment, order, or decree appealed from.

No later than 28 days after entry of the judgment the court, on its own, may order a new trial for any reason that would justify a new trial on motion of a party. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

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.

This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.

Rule 59 - Material Witnesses (a) When the court has good cause to believe that any material witness in a case will not appear and testify unless bond is required, the court may fix a bond with or without sureties, and in a sum the court considers adequate, for the appearance of the witness.

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

If the judge to whom an action has been assigned is unable to perform his or her duties, then any other judge of that district or any judge assigned pursuant to Judicial Council rule is authorized to perform those duties. The judge to whom the case is reassigned may rehear the evidence or some part of it.

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Utah Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff