A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or 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.
Utah Rule of Civil Procedure 55(b) and Utah Rule of Civil Procedure 60(b) specify the reasons a default or judgment may be set aside:
Examples of common reasons include:
A party must make the motion within a "reasonable time" after the default or judgment. The judge decides what a reasonable time is, and it will depend on the circumstances in the case. A party should clearly explain why the time in which they filed the motion is reasonable.
In addition to the reasonable time requirement, a party asking to set aside the default or judgment for one of the reasons listed below must do so within three months of the default or judgment:
It is important to act promptly. If the judge finds that the motion was not made within a reasonable time, s/he can deny it, even if the reason for the request is a valid one.
Even when a party has a valid reason to ask to set aside the default or judgment under the court rule, and even if they make the motion by the deadline, in many cases the party must also show that they have a "meritorious" or good defense in the case. The party must tell the court what things they disagree with in the complaint or petition.
If, for example, a default judgment is set aside, the party must show to the court why the proposed answer contains a defense that is entitled to be tried. See Erickson v. Schenkers Int'l Forwarders, Inc., 882 P.2d 1147 (Utah 1994).
The forms you need depend on your case. What is your case about?
Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.
If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.
Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.
No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.
No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
Aftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.
File both the motion and the Notice of Hearing with the court.
If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and attend the hearing
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.
If you need help with the order, read about orders below.
The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | Serve at least 28 days before the hearing |
| Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Reply Memorandum Supporting the Motion | Moving party | At least 7 days before the hearing |
| Counter Motion Documents | Who Files | Time to File and Serve |
| Counter Motion (must be served with Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Memorandum Opposing the Counter Motion | Original moving party | At least 7 days before the hearing |
| Reply Memorandum Supporting the Counter Motion | Responding party | At least 3 business days before the hearing |
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
File your motion with the court.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below.
The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.
The chart below has more information when papers should be filed.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | |
| Memorandum Opposing the Motion | Responding party | Within 14 days after the the moving party files and serves the motion |
| Reply Memorandum Supporting Motion | Moving party | Within 7 days after the responding party files and serves the Memorandum Opposing the Motion |
| Request to Submit for Decision | Moving party | After the last document in this list is filed, or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion |
If the case involves someone on active military duty, special protections apply under the federal Servicemembers Civil Relief Act. See our Lawsuits Involving Military Service Members web page for more information
A party can ask the court to delay or "stay" enforcement of the judgment while the Motion to Set Aside Default or Judgment is being considered by filing a Motion to Delay (Stay) Enforcement of the Judgment. You can file this motion at the same time as the Motion to Set Aside Default or Judgment.
If granted by the court, the stay remains in effect until the judge makes a decision on the Motion to Set Aside Judgment. During that time, the other party cannot try to enforce the judgment until that matter has been decided.
See the Motion to Delay (Stay) Enforcement of the Judgment web page for more information and forms.
If the motion to set aside default or judgment is granted, the parties then proceed through the steps in the case as if the default or judgment had not been granted. For example:
If the motion to set aside default or judgment is not granted, the party who won the original judgment can now enforce the judgment.
See our How to collect a judgment web page for more information about the ways a creditor can enforce a judgment for money.
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 web page for information about the appeals process.
Information about filing documents in existing cases by email
What forms you need depend on whether your case is before a commissioner or a judge.
If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.
