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Rule 55.Default.

(a) Entry. When a party against whom a judgment foraffirmative relief is sought has failed to plead or otherwise defend asprovided by these rules and that fact is made to appear the clerk shall enterthe default of that party.

(b) Judgment. Judgment by default may be entered asfollows:

(b)(1) By the clerk. When the plaintiff?s claim against adefendant is for a sum certain, upon request of the plaintiff the clerk shallenter judgment for the amount claimed and costs against the defendant if:

(b)(1)(A) the default of the defendant isfor failure to appear;

(b)(1)(B) the defendant is not an infant orincompetent person;

(b)(1)(C) the defendant has been personallyserved pursuant to Rule 4(d)(1); and

(b)(1)(D) the plaintiff, through a verifiedcomplaint, an affidavit or a declaration under Section 78B-5-705submitted in support of the default judgment, sets forth facts necessary toestablish the amount of the claim, after deducting all credits to which thedefendant is entitled, and verifies the amount is warranted by information inthe plaintiff?s possession.

(b)(2) By the court. In all other cases the party entitled to ajudgment by default shall apply to the court therefor. If, in order to enablethe court to enter judgment or to carry it into effect, it is necessary to takean account or to determine the amount of damages or to establish the truth ofany averment by evidence or to make an investigation of any other matter, thecourt may conduct such hearings or order such references as it deems necessaryand proper.

(c) Setting aside default. For good cause shown the court may setaside an entry of default and, if a judgment by default has been entered, maylikewise set it aside in accordance with Rule 60(b).

(d) Plaintiffs, counterclaimants,cross-claimants. Theprovisions of this rule apply whether the party entitled to the judgment bydefault is a plaintiff, a third-party plaintiff, or a party who has pleaded across-claim or counterclaim. In all cases a judgment by default is subject tothe limitations of Rule 54(c).

(e) Judgment against the state or officer oragency thereof. No judgmentby default shall be entered against the state of Utah or against an officer oragency thereof unless the claimant establishes his claim or right to relief byevidence satisfactory to the court.


Effective May 1, 2016