Utah Answer to a Complaint
Answer a Utah complaint within 21 days if served in-state, 30 if served outside, under Rule 12(a)(1). DocDraft drafts it, attorney review available.
Introduction
A Utah Answer to a Complaint is the written response you file with the clerk of the District Court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. What sets a Utah answer apart is that the deadline depends on where you were served. Under Utah R. Civ. P. 12(a)(1), a defendant must file and serve an answer within 21 days after the summons and complaint are served within the state, and within 30 days after service outside the state. Utah does not require a single statewide answer form. You can use the court's approved answer form from the Online Court Assistance Program, or you can type your answer as a pleading on a caption that meets Utah R. Civ. P. 10, then file it with the clerk of the court named in the summons. Miss the deadline and the clerk can enter your default under Utah R. Civ. P. 55, after which a default judgment can be entered against you. DocDraft drafts a Utah-formatted answer from your facts, with attorney review available before you file.
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Key Things to Know
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Your deadline depends on where you were served. Under Utah R. Civ. P. 12(a)(1) you must file and serve your answer within 21 calendar days after the summons and complaint are served within Utah, and within 30 calendar days after service outside Utah.
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There is no single statewide answer form. You can use the approved court answer form from the Online Court Assistance Program, or type your answer as a pleading on a caption that meets Utah R. Civ. P. 10, then file it with the clerk of the court named in the summons.
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Most civil cases are in District Court. The District Court hears civil cases over $20,000, while the Justice Court Small Claims Department hears claims up to $20,000, a cap that took effect January 1, 2025.
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Small claims has no written answer. In a Justice Court small claims case, no answer is required under Utah R. Small Claims P. 5, and all allegations are automatically deemed denied. You must instead appear at the trial date stated in the affidavit and summons or risk a default judgment under Rule 8.
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An eviction answer is much faster. In an unlawful detainer case, Utah Code 78B-6-807(3)(a) sets the time to appear and defend at three business days from the date of service, unless you object and the court allows more time.
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There is no fee to file an answer, and a waiver exists. The fee to file an answer alone is $0, though fees apply if you assert a counterclaim. If you cannot afford court costs you can file a Motion to Waive Fees and Statement Supporting Motion based on indigency.
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A related claim may be compulsory. Under Utah R. Civ. P. 13 a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory, and the statute of limitations on a written contract is six years under Utah Code 78B-2-309.
Key decisions before you file
Before you file a Answer to a Complaint in Utah, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.
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Utah Requirements for Answer to a Complaint
21-Day or 30-Day Answer Deadline
Under Utah R. Civ. P. 12(a)(1) you must file and serve your answer within 21 calendar days after the summons and complaint are served within Utah, and within 30 calendar days after service outside the state. In an unlawful detainer case the time to appear and defend is three business days from service under Utah Code 78B-6-807(3)(a).
OCAP Form or Rule 10 Pleading
Utah does not require a single statewide answer form. Use the court's approved answer form, which the Online Court Assistance Program helps self-represented parties prepare, or type your answer as a pleading on a caption that meets Utah R. Civ. P. 10.
Court Caption
Caption the answer for the court named in the summons, which for civil cases over $20,000 is the District Court and for small claims up to $20,000 is the Justice Court Small Claims Department. Include the case number, the parties' names, and the title Defendant's Answer to Complaint, in the format required by Utah R. Civ. P. 10.
File With the Court Clerk
File your answer with the clerk of the court named in the summons. E-filing is mandatory for attorneys, while self-represented parties may file electronically, by mail, or in person.
Serve a Copy on the Plaintiff
Under Utah R. Civ. P. 5, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic means, and keep proof of service.
No Answer Fee, Waiver Available
The fee to file an answer alone is $0, though fees apply if you assert a counterclaim. If you cannot afford court costs, file a Motion to Waive Fees and Statement Supporting Motion, with eligibility based on indigency from your income, assets, and debts.
Affirmative Defenses
State each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, failure of consideration, comparative fault, or fraud. The statute of limitations on a written contract is six years under Utah Code 78B-2-309.
Compulsory Counterclaim If Any
Under Utah R. Civ. P. 13, a counterclaim that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim is compulsory and must be raised with your answer, or you can lose the right to bring it later. Asserting a counterclaim can trigger a filing fee.