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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 defaultof the defendant is for failure to appear;

(b)(1)(B) the defendantis not an infant or incompetent person;

(b)(1)(C) the defendanthas been personally served pursuant to Rule 4(d)(1); and

(b)(1)(D) the plaintiff, through a verifiedcomplaint, an affidavit, or an unsworn declaration as described in Title 78B,Chapter 18a, Uniform Unsworn Declarations Act, submitted in support of thedefault judgment, sets forth facts necessary to establish the amount of theclaim, after deducting all credits to which the defendant is entitled, andverifies the amount is warranted by information in the 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 of anyaverment by evidence or to make an investigation of any other matter, the courtmay conduct such hearings or order such references as it deems necessary andproper.

(c) Setting asidedefault. For good causeshown the court may set aside an entry of default and, if a judgment by defaulthas been entered, may likewise set it aside in accordance with Rule 60(b).

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

(e) Judgment against thestate or officer or agency thereof. No judgment by default shall be entered against the state ofUtah or against an officer or agency thereof unless the claimant establisheshis claim or right to relief by evidence satisfactory to the court.

 

 

Effective May 8,2018 pursuant to CJA Rule 11-105(5)