Utah Courts

UTAH COURTS

Settings
Home Page
Previous Page

Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Motion to Set Aside Judgment

Motion to Set Aside Judgment

A Motion to Set Aside Judgment is used to ask the court to set aside or "undo" a judgment or final order in a case, and to allow the case to move ahead as if the judgment had not been made.


Reasons to set aside the judgment

Utah Rule of Civil Procedure 60(b) specifies the reasons a judgment may be set aside:

  • mistake, inadvertence, surprise, or excusable neglect;
  • newly discovered evidence which could not have been discovered in time to move for a new trial under Rule 59(b);
  • fraud, misrepresentation or other misconduct of the other party;
  • the judgment is void;
  • the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
  • any other reason justifying relief from the operation of the judgment.

Examples of common reasons include:

  • Paperwork filed contained mistakes or was filed incorrectly
  • The court did not have jurisdiction over the matter
  • The judgment has already been paid
  • The party is a victim of identity theft
  • The party was not served properly
  • The statute of limitations for the action has passed

Deadlines

A party must make the motion within a "reasonable time" after the 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 judgment for one of the reasons listed below must do so within three months of the judgment:

  • mistake, inadvertence, surprise, or excusable neglect
  • newly discovered evidence
  • fraud, misrepresentation or other misconduct of the other party

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.


Meritorious defense

Even when a party has a valid reason to ask to set aside the 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).


Will Your Motion be Decided by a Judge or Commissioner?

Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures. If you are not 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 has been listed in the caption, the motion likely will be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. Motions decided by a commissioner are governed by URCP 101.

See our Motions page for more information about the difference in procedures and timelines depending on who is deciding the motion.


Military service members

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


Temporarily stopping (staying) enforcement of the judgment

Utah Rule of Civil Procedure 62(b), allows a party to file a Motion to Stay Execution of Judgment or Order to ask the court to temporarily stop or "stay" enforcement of the judgment while it considers the Motion to Set Aside Judgment. You can file this motion at the same time you file the Motion to Set Aside 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.


After the motion is decided

If the motion to set aside the judgment is granted, the parties then proceed through the steps in the case as if the judgment had not been granted. For example:

  • If the judgment was a default, the defendant/respondent may be given an opportunity to answer the complaint or petition.
  • If the court finds that the judgment was already satisfied, the case may be dismissed because it has already been completed.
  • If the court finds that service was improper, the court may order the plaintiff/petitioner to serve the defendant/respondent properly.

If the motion to set aside the 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 if they believe the judge made a legal mistake. See our Appeals page for information about the appeals process.


Forms

Motion to Set Aside Judgment - Decided by a Judge


Moving Party


Required forms for the moving party
  • Motion to Set Aside Judgment - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • Order on Motion to Set Aside Judgment - PDF | Word
  • Notice of Order - PDF | Word
Optional forms for the moving party
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply to Memorandum Opposing Motion - PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)

Opposing Party


Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Order on Motion to Set Aside Judgment - PDF | Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF | Word
    (if the opposing party is directed to complete the order)

Motion to Set Aside Judgment - Decided by a Commissioner


Moving Party


Required forms for the moving party
  • Motion to Set Aside Judgment - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Set Aside Judgment - PDF | Word
  • Notice of Order - PDF | Word
Optional forms for the moving party
  • Affidavit in Support of Exhibit - PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary - PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply to Memorandum Opposing Motion - PDF | Word
    (if the other party has disagreed with the motion and the moving party wishes to respond)

Opposing Party


Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Order on Motion to Set Aside Judgment - PDF | Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF | Word
    (if the opposing party is directed to complete the order)

Motion to Stay Execution of Judgment - Decided by a Judge


Moving Party


Required forms for the moving party
  • Motion to Stay Execution of Judgment - PDF | Word
  • Request to Submit for Decision - PDF | Word
  • Order on Motion to Stay Execution of Judgment - PDF | Word
  • Notice of Order - PDF | Word
Optional forms for the moving party
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply to Memorandum Opposing Motion - PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)

Opposing Party


Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Order on Motion to Stay Execution of Judgment - PDF | Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF | Word
    (if the opposing party is directed to complete the order)

Motion to Stay Execution of Judgment - Decided by a Commissioner


Moving Party


Required forms for the moving party
  • Motion to Stay Execution of Judgment - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Stay Execution of Judgment - PDF | Word
  • Notice of Order - PDF | Word
Optional forms for the moving party
  • Affidavit in Support of Exhibit - PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary - PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion - PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply to Memorandum Opposing Motion - PDF | Word
    (if the other party has disagreed with the motion and the moving party wishes to respond)

Opposing Party


Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Order on Motion to Stay Execution of Judgment - PDF | Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF | Word
    (if the opposing party is directed to complete the order)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 11/20/2017
Return to Top

Facebook YouTube Twitter RSS Feeds


Close ×