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.
Utah Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence
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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, 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. A military service member has special rights to set aside a default judgment.
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.
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 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.
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.
If an interrogatory is objected to, the party shall state the reasons for the objection. Any reason not stated is waived unless excused by the court for good cause. An interrogatory is not objectionable merely because an answer involves an opinion or argument that relates to fact or the application of law to fact.
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.