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Utah Motion to Set Aside Submission and Reopen Case

Category:
Civil Procedure - Motions - Case Reopenings
State:
Multi-State
Control #:
US-02764BG
Format:
Word; 
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Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

The Utah Motion to Set Aside Submission and Reopen Case is a legal procedure used in the state of Utah to request the court to reverse a previous decision or judgment and reopen a case. This motion can be filed in various situations, such as when new evidence is discovered or when there has been a procedural error in the original trial. It provides an opportunity for a party to present additional evidence or arguments that were not previously considered. There are different types of Utah Motion to Set Aside Submission and Reopen Case, including: 1. Newly Discovered Evidence: This type of motion is filed when new evidence is discovered after the original trial, which could potentially change the outcome of the case. The party filing the motion must demonstrate that the evidence could not have been discovered earlier with due diligence and that it is reliable and significant. 2. Error in the Original Trial: If there was an error in the trial proceedings that materially affected the outcome of the case, a motion to set aside submission and reopen may be filed. This can include errors made by the judge, jury misconduct, or ineffective assistance of counsel. 3. Fraud or Misrepresentation: If a party can provide evidence of fraud or misrepresentation by the opposing party that affected the outcome of the case, a motion to set aside submission and reopen can be filed. This includes situations where false evidence or information was presented during the trial. 4. Lack of Jurisdiction: If it is discovered that the court did not have proper jurisdiction over the case, a motion to set aside submission and reopen can be filed. This can occur when the court lacked subject jurisdiction or personal jurisdiction over one of the parties. When filing a Utah Motion to Set Aside Submission and Reopen Case, it is crucial to provide detailed and compelling arguments, supported by relevant case law and legal precedents. It is advised to seek the advice of an experienced attorney familiar with Utah state laws to navigate this complex legal process effectively.

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FAQ

Rule 58A(a) provides, ?Every judgment and amended judgment must be set out in a separate document ordinarily titled 'Judgment'?or, as appropriate, 'Decree. '? The rule sets out a few exceptions, mostly for post-judgment motions, and it also establishes a clear process for getting the Court to enter the final Judgment.

If a party in a case disagrees with a commissioner's recommendation they can file an Objection to Commissioner's Recommendation under Utah Rule of Civil Procedure 108. Either party can file the objection, but they must do so within 14 days of the commissioner's recommendation.

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.

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.

The party designated by the judge or, if the judge does not otherwise designate, the party who prepares the judgment, shall serve a copy of the judgment upon all other parties within three days after the judgment is entered.

If the judgment falls under Rule 58 of the Utah Rules of Juvenile Procedure, the judgment creditor must file an acknowledgment of satisfaction in both the district court and the juvenile court within 28 days after full satisfaction of the judgment.

(a) Separate document required. Every judgment and amended judgment must be set out in a separate document ordinarily titled ?Judgment??or, as appropriate, ?Decree.?

Rule 10 - Set aside of default judgments and dismissals (a) A party may request that the default judgment or dismissal be set aside by filing a motion to set aside within 15 calendar days after entry of the judgment or dismissal.

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a party can ask to set aside or "undo" the dismissal, and continue moving ... The person asking to reopen the case must do so within 90 days of the dismissal. Either party can decide to appeal the decision about the Motion to Set Aside Default or Judgment if they believe the judge made a legal mistake. See the Appeals ...Fill out an application to waive the filing fee if necessary. When you file your motion, the court clerk will charge you a filing fee if it is your first ... Apr 22, 2022 — Defendants' Motion Is Timely. Although the period for setting aside a default judgment is generally 15 days in small claims cases, a court may ... You will need to submit a Motion to Set Aside Default or Judgment asking the judge to undo the default judgment and permit the court case to continue as if that ... If the dismissal is set aside, the case will go to trial, and the judge will hear both ... To ask the judge to set aside the dismissal, you must fill out the ... Ask the Court to allow you to re-open your civil court case after you already had a default judgment entered against you. 1) What is a default judgment? Mar 3, 2023 — Several states allow defendants who were not properly served to file a simple motion to have a judgment set aside—that is, invalidated by the ... You will need to complete an Opposition, a Motion/Opposition Fee Information Sheet, and a Financial Disclosure Form (if there are financial issues for the judge ... File a motion for relief from default judgment (also called motion to set aside or vacate a judgment) to reopen a case you lost by default.

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