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Utah Motion to Set Aside a Default Judgment

Set aside a Utah default judgment under Rule 60(b). For mistake or excusable neglect you must file within a reasonable time and no more than 90 days after entry.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so you can reopen the case and defend it on the merits. In Utah a default judgment is set aside in accordance with Utah R. Civ. P. 60(b), which lets the court relieve a party from a final judgment for reasons that include mistake, inadvertence, surprise, or excusable neglect. Utah's timing rule is unusually strict. Under Utah R. Civ. P. 60(c), a motion resting on those grounds must be filed within a reasonable time and, for reasons (b)(1) mistake or excusable neglect, (b)(2) newly discovered evidence, and (b)(3) fraud, not more than 90 days after entry of the judgment or order. That 90-day outer cap is far shorter than the federal one-year limit, so acting promptly matters. If the judgment is void (for example because you were never properly served), Rule 60(b)(4) provides a separate path that is not capped at 90 days and is judged only by the reasonable-time standard. To set aside a default judgment Utah also expects you to show a meritorious defense, meaning a proposed answer stating a defense that is entitled to be tried. The official Utah Courts form 1070GE builds in the 90-day warning and asks you to state that defense. DocDraft drafts a Utah motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond to a lawsuit in time. In Utah you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    A default judgment is set aside in accordance with Utah R. Civ. P. 60(b). The grounds include mistake, inadvertence, surprise, or excusable neglect, the reasons that most often explain why a defendant missed the deadline to respond.

  3. 3

    The deadline is short. Under Utah R. Civ. P. 60(c) a motion for mistake, inadvertence, surprise, or excusable neglect must be filed within a reasonable time and no more than 90 days after entry of the judgment or order. The 90 days is a calendar-day outer cap, not a grace period.

  4. 4

    The 90-day cap applies only to the discretionary grounds, reasons (b)(1), (2), and (3). If the judgment is void, Rule 60(b)(4) has no 90-day limit and the motion need only be made within a reasonable time.

  5. 5

    Setting aside an entry of default before judgment is easier. Under Utah R. Civ. P. 55(c) the court may set aside an entry of default for good cause shown, and if a default judgment has been entered it may set that aside in accordance with Rule 60(b).

  6. 6

    To set aside a default judgment Utah expects a meritorious defense. The self-help materials frame it as showing why the proposed answer contains a defense that is entitled to be tried, so a proposed answer generally accompanies the motion.

  7. 7

    Utah provides an official statewide self-help form, form 1070GE, Motion to Set Aside Default or Judgment, with a companion order form 1071FA. The motion form embeds the 90-day warning and asks you to explain why you disagree with the claims in the complaint.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Utah, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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IN THE [JUDICIAL DISTRICT] DISTRICT COURT IN AND FOR [COUNTY] COUNTY, STATE OF UTAH

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Judge: [JUDGE NAME]

MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT; SUPPORTING DECLARATION

[Utah R. Civ. P. 55(c) and 60(b)]

Defendant [DEFENDANT NAME] moves this Court to set aside the entry of default and default judgment entered on [DATE OF JUDGMENT] and to permit Defendant to file the proposed Answer submitted with this motion. This motion is made under Utah R. Civ. P. 55(c) and 60(b) on the following grounds:

  1. GROUNDS. The default and default judgment were entered because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond]. This is a reason for relief under Utah R. Civ. P. 60(b)(1).

  2. TIMELINESS. This motion is filed within a reasonable time and, as Utah R. Civ. P. 60(c) requires for a motion based on mistake, inadvertence, surprise, or excusable neglect, no more than 90 days after entry of the judgment or order.

  3. [If applicable: VOID JUDGMENT. Defendant was never properly served and the judgment is void, so the Court may set it aside under Utah R. Civ. P. 60(b)(4), which is not limited to the 90-day period.]

  4. MERITORIOUS DEFENSE. Defendant has a defense that is entitled to be tried. A proposed Answer is submitted with this motion. In short, Defendant disagrees with the claims in the complaint because [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party].

DECLARATION

I, [DECLARANT NAME], declare under criminal penalty under the law of the State of Utah that the foregoing is true and correct. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, and the date you learned of the judgment.]

Executed on [DATE] at [CITY], Utah.

[DECLARANT NAME]

REQUEST FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court set aside the entry of default and default judgment entered on [DATE], permit Defendant to file the attached proposed Answer, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Email] Attorney for Defendant / Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE] I served the foregoing motion, declaration, and proposed Answer on the parties or their attorneys of record by [method of service], in accordance with Utah law.

[NAME OF PERSON SERVING]

[Utah provides an official statewide self-help form, form 1070GE, Motion to Set Aside Default or Judgment, and a companion order form 1071FA. Check your court's local procedures for filing, service, and any electronic filing requirements.]

Utah Requirements for Motion to Set Aside a Default Judgment

File within 90 days for mistake or excusable neglect

Under Utah R. Civ. P. 60(c), a motion based on mistake, inadvertence, surprise, or excusable neglect must be filed within a reasonable time and no more than 90 days after entry of the judgment or order. The 90 days is a calendar-day outer cap; file as soon as you can.

Know that void-judgment motions escape the 90-day cap

The 90-day cap applies only to reasons (b)(1), (2), and (3). A motion to set aside a void judgment under Utah R. Civ. P. 60(b)(4) is not limited to 90 days and need only be made within a reasonable time.

State the ground: mistake, inadvertence, surprise, or excusable neglect

Identify which Utah R. Civ. P. 60(b) ground applies and explain the facts that caused you to miss the deadline to respond. The court weighs whether the neglect that led to the default was excusable under the circumstances.

Show a meritorious defense

To set aside a default judgment Utah expects you to show a meritorious defense. The self-help materials describe this as showing why your proposed answer contains a defense that is entitled to be tried, so explain the defense you would raise if the case is reopened.

Check whether the judgment is void

If you were never properly served, the judgment may be void. Utah R. Civ. P. 60(b)(4) lets the court set aside a void judgment, and improper service is a common basis. This path is not limited to the 90-day window that applies to excusable-neglect motions.

Attach a proposed answer

Utah practice attaches the answer or responsive pleading you propose to file, so the court can see the defense that is entitled to be tried. The official form 1070GE asks you to explain the reasons you disagree with the claims and the facts supporting your disagreement.

Use the Utah district court caption and form 1070GE

Utah pleadings use the caption from the court record for the district court where the case is pending. Utah provides an official statewide self-help form, form 1070GE, Motion to Set Aside Default or Judgment, with a companion order form 1071FA.

File in the district court and complete a certificate of service

File the motion in the Utah district court where the case is pending, in the same case, serve the motion and proposed answer on the other parties, and complete a certificate of service. Check your court's local procedures, including any electronic filing requirements.

Frequently Asked Questions

It is a request asking a Utah court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it on the merits. A default judgment is set aside in accordance with Utah R. Civ. P. 60(b), on grounds that include mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the court's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under Utah R. Civ. P. 55(c) the court may set aside an entry of default for good cause shown, which is generally easier. Once a default judgment has been entered, it is set aside in accordance with Rule 60(b) and its stricter timing.

Under Utah R. Civ. P. 60(c), a motion based on mistake, inadvertence, surprise, or excusable neglect must be filed within a reasonable time and no more than 90 days after entry of the judgment or order. That 90-day outer cap also covers newly discovered evidence and fraud. It is much shorter than the federal one-year limit, so file as soon as you can.

Under Utah R. Civ. P. 60(b) the discretionary grounds include mistake, inadvertence, surprise, or excusable neglect, which explain why you missed the deadline to respond. Utah also expects you to show a meritorious defense to the underlying claim. The self-help materials describe this as showing why your proposed answer contains a defense that is entitled to be tried.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Utah R. Civ. P. 60(b)(4) allows relief when the judgment is void, and improper service is a common basis. This path is not limited to the 90-day cap that applies to mistake or excusable neglect; a void-judgment motion need only be made within a reasonable time.

Generally yes to set aside a default judgment. Utah expects you to show a meritorious defense, and the self-help materials require you to show why your proposed answer contains a defense that is entitled to be tried, which presupposes a proposed answer accompanies the motion. The official form 1070GE directs you to explain the reasons you disagree with the claims in the complaint and the facts supporting your disagreement.

You file it in the Utah district court where the case is pending, in the same case, using the caption from the court record. Utah provides an official statewide self-help form, form 1070GE, Motion to Set Aside Default or Judgment, with a companion order form 1071FA. Check your court's local procedures for filing and service, including any electronic filing requirements.