Utah Motion to Set Aside a Judgment

Introduction

Key Things to Know

1. 1

   Utah's tool is a motion to set aside under Utah R. Civ. P. 60(b): on motion and upon just terms, the court may relieve a party from a judgment, order, or proceeding for the listed reasons. The court decides whether a reason is shown.

2. 2

   Rule 60(b) lists six reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or other misconduct of an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or vacated, or it is no longer equitable that the judgment should have prospective application; and (6) any other reason that justifies relief.

3. 3

   Utah's short limit: the motion must be filed within a reasonable time and, for reasons (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or other misconduct of an opposing party, not more than 90 days after entry of the judgment or order or, if there is no judgment or order, from the date of the proceeding. Reasons (4), (5) and (6), including a void judgment, are held to the reasonable-time standard.

4. 4

   The Rule 60 advisory note says that if a motion under paragraph (b) is filed within 28 days after the judgment, it has the same effect on the time to appeal as a motion under Rule 50, 52 or 59. Ask the clerk or a Utah lawyer how your filing date affects any appeal.

5. 5

   The motion does not affect the finality of a judgment or suspend its operation, so filing does not by itself stop enforcement. If you need enforcement paused, ask the court for a stay in writing.

6. 6

   Rule 60 says it does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court.

7. 7

   For a small claims judgment, ask the small claims clerk which rule and deadline apply; do not carry the 90-day limit over. For a default judgment, also see /legal-document/set-aside-default/utah.

Utah Requirements for Motion to Vacate

• Rule 60(b) Motion

  Utah R. Civ. P. 60(b): on motion and upon just terms, the court may relieve a party or its legal representative from a judgment, order, or proceeding for the listed reasons.

• Six Listed Reasons

  Rule 60(b)(1)-(6): mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence not discoverable by due diligence in time for a Rule 59(b) motion; fraud, misrepresentation, or other misconduct of an opposing party; void judgment; satisfied, released, discharged, prior judgment reversed or vacated, or no longer equitable; any other reason that justifies relief.

• 90-Day Limit for (1)-(3)

  Rule 60: within a reasonable time and, for reasons (1) mistake or excusable neglect, (2) newly discovered evidence not discoverable by due diligence in time for a Rule 59(b) motion, and (3) fraud or misconduct, not more than 90 days after entry of the judgment or order or, if there is no judgment or order, from the date of the proceeding.

• Effect on Appeal Time

  Rule 60 advisory note: a paragraph (b) motion filed within 28 days after the judgment has the same effect on the time to appeal as a motion under Rule 50, 52 or 59.

• No Suspension of Judgment

  Rule 60: the motion does not affect the finality of a judgment or suspend its operation. A stay must be requested from the court.

• Independent Action

  Rule 60: the rule does not limit an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court.

• Reason and Timeliness Statement

  Name the Rule 60(b) reason relied on, the facts supporting it, the date the judgment was entered, and why the motion is within a reasonable time and, for mistake, newly discovered evidence not discoverable by due diligence in time, or fraud (reasons (1)-(3)), within 90 days.