Utah Rule Civil Procedure 55 - Default Judgment

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.

Once a default has been entered against a party, Utah law provides that the opposing party may be entitled to a default judgment.  If a defendant has been personally served pursuant to Rule 4 of the Utah Rules of Civil Procedure (assuming that the default is for failure to appear, the defendant is not an infant or incompetent person, and the claim against the defendant is for a sum certain), then the clerk may enter the default judgment without further action by the court or judge.  If these conditions are not met, then the court may require a hearing before granting a judgment by default.

If a default has been entered against a party, that default may be set aside by the court if good cause is shown.  If a judgment by default has been entered, that judgment may be set aside by the court in accordance with Rule 60(b).  

If you have been served with a summons or complaint in a Utah civil case, it is critical that you respond with a formal answer.  Failure to do so can result in having a judgment entered against you without a determination of your rights being made.  If you have had a default judgment entered against you, you should consult immediately with a Utah attorney to determine whether the judgment can be set aside.  Failure to request relief in a timely fashion can prevent you from having your case heard in court.

If you are a plaintiff in a Utah lawsuit and the defendant has not responded with a formal answer to the complaint, you should speak with an attorney to see if a default judgment may be available to you.

Based in Salt Lake City, our firm provides legal services to clients throughout Utah.  Contact us today to schedule an initial consultation with Utah attorney Stephen Howard.