Utah Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant

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US-01477BG
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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. 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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  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant
  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant
  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant

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FAQ

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.

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.

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.

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.

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.

A request for an order must be made by motion. The motion must be in writing unless made during a hearing or trial, must state the relief requested, and must state the grounds for the relief requested. Except for the following, a motion must be made in ance with this rule.

When a party seeks a judgment, the responding party contests the judgment by presenting at a hearing either evidence or argument, and the party seeking the judgment has established its right to attorney fees, the request for judgment may include a request for attorney fees, and the clerk or the court shall allow any ...

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.

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Utah Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant