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
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