[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Motion to Extend Time for Service of Process Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to seek an extension of time for service of process in the matter of [case name and number] currently pending in the [Name of the Court]. Due to unforeseen circumstances, I am unable to effectuate service of process within the prescribed time period as mandated by the Utah Rules of Civil Procedure. I kindly request that the Court grant a [number of days requested] extension to allow for sufficient time to properly serve the defendant(s) in this case. The delay in service has arisen due to [provide a concise and honest explanation of the circumstances that led to the delay]. It is important to note that I have acted diligently and responsibly throughout this process and have made substantial efforts to effectuate service. However, despite these efforts, factors beyond my control have hindered the timely completion of service. I assure the Court and all parties involved that my intentions are in compliance with the law, and I intend to complete service as soon as possible. In line with the underlying principles of due process, it is crucial to ensure that the defendant(s) are properly served to allow for a fair and just resolution of this legal matter. To facilitate the extended time period, I kindly request that the Court endorse the attached proposed order granting an extension for service of process. I have conferred with the opposing party, [name of opposing party], regarding this request, and they have granted their consent. I trust that this mutual agreement will aid in the efficient progression of this case. Thank you for your understanding and consideration of this matter. Your favorable decision to grant an extension for service of process will greatly assist in safeguarding the integrity and fairness of these legal proceedings. Please do not hesitate to contact me if any additional information is required or if a hearing is necessary. Yours sincerely, [Your Name] Enclosure: — Proposed Order for Extension of Time for Service of Process.
Utah Sample Letter for Motion to Extend Time for Service of Process
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FAQ
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 party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.
Rule 58A(e)(2) provides, ?If a separate document [i.e., separate ?judgment? or ?decree?] is required, a judgment is complete and is entered [i.e., final and appealable] at the earlier of these events: (A) the judgment is set out in a separate document signed by the judge and recorded in the docket; or (B) 150 days have ...
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.
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.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.
Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.
