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How to Respond to a Lawsuit in Utah: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Utah. Last updated 2026-06-02

In Utah, a defendant served with a civil summons and complaint generally has 21 calendar days to file a written answer under Utah R. Civ. P. 12(a)(1), which directs that a defendant must file and serve an answer within 21 days after service of the summons and complaint within the state, and within 30 days if service is completed outside Utah. That window controls in the District Court, which hears civil cases over $20,000, and for a response to a divorce or dissolution petition. Small claims is different. A small claims case is filed in the Justice Court, Small Claims Department, which hears claims up to $20,000, and there no written answer is permitted under Utah R. Small Claims P. 5; the defendant must instead appear at the trial date stated in the affidavit and summons or risk a default judgment under Rule 8. An eviction is the short track: under Utah Code § 78B-6-807(3)(a), the summons states the number of days to appear and defend, which is three business days from the date of service. If you miss a deadline where a response is required, the clerk can enter your default under Utah R. Civ. P. 55 and the court can enter a default judgment, which you can ask the court to set aside under Rule 60(b) within a reasonable time and not more than 90 days after entry of judgment, for mistake, inadvertence, surprise, or excusable neglect.

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How long do I have to respond to a lawsuit in Utah?

It depends on the court and track. For a general civil complaint in the District Court, Utah R. Civ. P. 12(a)(1) gives you 21 calendar days after the summons and complaint are served within Utah to file a written answer, or 30 days if you were served outside Utah. An eviction is much faster: the summons requires you to appear and defend within three business days from service under Utah Code § 78B-6-807(3)(a). Small claims permits no written answer; you appear at the trial date stated in the affidavit and summons under Utah R. Small Claims P. 5.

How do I respond to a civil summons in Utah?

You respond by filing a written answer with the clerk of the District Court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney and keeping proof of that service under Utah R. Civ. P. 5. The answer admits or denies each numbered allegation of the complaint and states your defenses. Attorneys must file electronically, while self-represented parties may file electronically, by mail, or in person.

What happens if I don't answer a summons in Utah?

If you do not respond by your deadline, the plaintiff can show that you failed to plead or otherwise defend, and the clerk shall enter your default under Utah R. Civ. P. 55. The court can then enter a default judgment for what the complaint requests. You can file a Motion for Relief from Judgment or Order under Rule 60(b) within a reasonable time and not more than 90 days after entry of judgment, by showing excusable neglect.

How do I answer a summons without an attorney in Utah?

Self-represented defendants can file an answer themselves. You can use the approved Utah Courts answer form, or type your answer on standard pleading paper with the court, parties, and case number in the caption under Utah R. Civ. P. 10. There is no fee to file an answer by itself in Utah. File it with the clerk of the District Court named in the summons, serve the plaintiff, and request a fee waiver if you cannot pay any costs that apply.

Utah response framework at a glance

Utah's response rules turn first on which court your case is in. A general civil complaint is governed by Utah R. Civ. P. 12(a)(1), which directs the defendant to file and serve an answer within 21 days after service of the summons and complaint within the state, and within 30 days if service is completed outside Utah. That deadline applies in the District Court, which hears civil cases over $20,000, and to a response to a divorce or dissolution petition. Small claims is heard in the Justice Court, Small Claims Department, which has jurisdiction up to $20,000 effective January 1, 2025. Unlike a general civil case, Utah small claims permits no written answer: under Utah R. Small Claims P. 5 no answer is required to the affidavit and all allegations are automatically deemed denied, so the defendant must instead appear at the trial date stated in the affidavit and summons or a default judgment may be entered under Rule 8. An eviction is the short track. Under Utah Code § 78B-6-807(3)(a), the summons states the number of days to appear and defend, which is three business days from the date of service, unless the defendant objects and the court allows more time. Answers are filed with the clerk of the court named in the summons and served on the plaintiff under Utah R. Civ. P. 5. Electronic filing is mandatory for attorneys, while self-represented litigants may file electronically, by mail, or in person. There is no fee to file an answer alone, though a fee applies if you assert a counterclaim. The Utah State Courts website at www.utcourts.gov is the official source for the court rules, the approved answer forms, and the Motion to Waive Fees a defendant can use if they cannot pay.

Court Resources

Utah Courts. Filing and Serving Your Answer

Official Utah State Courts self-help page explaining how to file an answer with the clerk of the court named in the summons and serve a copy on the plaintiff under Utah R. Civ. P. 5. Attorneys must e-file, while self-represented litigants may file electronically, by mail, or in person.

Utah Courts. Answering a Complaint

Official Utah State Courts self-help page with the approved answer form and guidance on responding to each numbered allegation. It explains that if a party fails to plead or otherwise defend, the clerk shall enter the party's default under Utah R. Civ. P. 55.

Utah Courts. Motion to Waive Fees

Official Utah State Courts page on the Motion to Waive Fees and Statement Supporting Motion, the fee-waiver request a defendant can file based on indigency if they cannot pay court costs that would otherwise apply, such as a counterclaim filing fee.

Relevant Laws

Utah R. Civ. P. 12(a)(1) (21-Day Answer to a Civil Complaint)

Provides that a defendant must file and serve an answer within 21 days after service of the summons and complaint within the state, and within 30 days after service outside the state. This is the standard general civil answer deadline in the District Court and the period that applies to a family response.

Utah R. Small Claims P. 5 (No Written Answer in Small Claims)

Provides that no answer is required to an affidavit or counter affidavit and that all allegations are automatically deemed denied. A small claims defendant files no written answer and instead must appear at the trial date stated in the affidavit and summons or risk default under Rule 8.

Utah Code § 78B-6-807(3)(a) (Three-Business-Day Eviction Window)

Requires the eviction summons to state the number of days within which the defendant must appear and defend, which is three business days from the date of service, unless the defendant objects and the court determines the facts allow more time. This is the short eviction track, much faster than the general civil window.

Utah R. Civ. P. 55 (Entry of Default and Default Judgment)

Provides that when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that fact is made to appear, the clerk shall enter the default of that party, opening the door to a default judgment.

Utah R. Civ. P. 60(b) (Relief from a Default Judgment)

Allows a court to relieve a party from a final judgment for mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and, for those grounds, not more than 90 days after the judgment was entered.

Utah R. Civ. P. 13 (Compulsory and Permissive Counterclaims)

Requires a defendant to state as a counterclaim any claim that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim, and allows a defendant to state other claims against the plaintiff as permissive counterclaims, in the answer.

Utah Code § 78B-2-309 (Six-Year Limit on Written Contract Actions)

Sets a six-year statute of limitations for an action upon a written contract, obligation, or liability, a key defense to check in debt-collection lawsuits before filing a response.

Regional Variances

Answer deadline by case track in Utah

General civil complaint (Utah R. Civ. P. 12(a)(1))

21 calendar days after the summons and complaint are served within Utah to file and serve a written answer in the District Court, or 30 days if you were served outside the state. This is the default civil deadline and the one most defendants are working against.

Small claims, Justice Court (Utah R. Small Claims P. 5)

No written answer is permitted. The defendant does not file a responsive pleading and instead must appear at the trial date stated in the affidavit and summons to defend in person. Failing to appear can let a default judgment be entered under Rule 8, so do not wait for a paper deadline that does not exist.

Eviction / unlawful detainer (Utah Code § 78B-6-807(3)(a))

Three business days from the date of service to appear and defend, as stated on the summons, unless the defendant objects and the court allows more time. This is much shorter than the general civil window, so an eviction defendant must move immediately.

Divorce / dissolution response (Utah R. Civ. P. 12(a)(1))

21 calendar days after service of the petition and summons within Utah to file and serve an answer, or 30 days if served outside the state. Missing it can let the dissolution proceed by default and let the court decide property, support, and custody.

Which Utah court hears your case, by amount

Justice Court, Small Claims Department

Hears small claims up to the dollar cap of $20,000, effective January 1, 2025. No written answer is permitted, and the defendant appears at the trial date stated in the affidavit and summons under Utah R. Small Claims P. 5.

District Court (general civil)

Hears civil cases over $20,000. A written answer is required within 21 calendar days under Utah R. Civ. P. 12(a)(1), or 30 days if served outside Utah, filed with the clerk of the court named in the summons. There is no fee to file an answer alone.

District Court (family)

Hears divorce, custody, and other family matters. A response to a petition is due within 21 days under Utah R. Civ. P. 12(a)(1), or 30 days if served outside Utah. Attorneys must file electronically, while self-represented litigants may file on paper.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your court and track. A general civil complaint in the District Court is due in 21 calendar days under Utah R. Civ. P. 12(a)(1), or 30 days if you were served outside Utah. An eviction requires you to appear and defend within three business days under Utah Code § 78B-6-807(3)(a). A divorce or dissolution response is due in 21 days under Rule 12(a)(1). Small claims permits no written answer; you appear at the trial date stated in the affidavit and summons under Utah R. Small Claims P. 5. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption on the summons to confirm whether the case is small claims in the Justice Court, Small Claims Department (up to $20,000), general civil in the District Court (over $20,000), a family case, or an eviction. The track decides your deadline, your court, and how you respond. Confirm the clerk of the court named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as accord and satisfaction, comparative fault, failure of consideration, payment, statute of limitations, or fraud. In debt cases, check the six-year written-contract limitations period under Utah Code § 78B-2-309. If you have a claim against the plaintiff arising from the same transaction or occurrence, you must state it as a compulsory counterclaim under Utah R. Civ. P. 13 or risk losing it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack knowledge or information to admit or deny, then state your affirmative defenses. You can use the approved Utah Courts answer form, or type the answer on standard pleading paper with the court, parties, and case number in the caption under Utah R. Civ. P. 10.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the District Court named in the summons. Electronic filing is mandatory for attorneys, while self-represented litigants may file electronically, by mail, or in person. There is no fee to file an answer alone in Utah, although a fee applies if you assert a counterclaim.

Serve the plaintiff and keep proof of service

With or promptly after filing days after starting

Serve a copy of your filed answer on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic means under Utah R. Civ. P. 5, and keep proof of that service. An answer that is filed but not served on the plaintiff can be challenged, so complete service when you file.

Request a fee waiver if you cannot afford the court costs

At the time of filing days after starting

There is no fee just to file an answer in Utah, but if you assert a counterclaim or otherwise owe court costs and cannot pay them, file the Motion to Waive Fees and Statement Supporting Motion. Eligibility is based on indigency, weighing your income, assets, and debts. Filing the motion lets you proceed without paying while the court decides whether you qualify.

Appear at the trial or move to set aside a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the small claims trial date (where no written answer is filed), the three-business-day eviction appearance, and any District Court hearing. If your default was already entered, you can file a Motion for Relief from Judgment or Order under Utah R. Civ. P. 60(b) within a reasonable time and not more than 90 days after entry. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough knowledge or information to admit or deny, and then states your affirmative defenses. You can use the approved Utah Courts answer form, or type the answer on standard pleading paper with the court, parties, and case number in the caption under Utah R. Civ. P. 10. File it with the clerk of the District Court named in the summons and serve a copy on the plaintiff.

File your written answer with the clerk of the District Court named in the summons within 21 calendar days of service within Utah under Utah R. Civ. P. 12(a)(1), or within 30 days if you were served outside the state. Serve a copy on the plaintiff or the plaintiff's attorney by mail, delivery, or electronic means under Rule 5. There is no fee to file an answer alone in Utah, although a fee applies if you assert a counterclaim.

Under Utah R. Civ. P. 55, once you fail to plead or otherwise defend and that fact is made to appear, the clerk shall enter your default, and the court can then enter a default judgment. You can file a Motion for Relief from Judgment or Order under Rule 60(b) for mistake, inadvertence, surprise, or excusable neglect. The motion must be filed within a reasonable time and, for those grounds, not more than 90 days after entry of the judgment, so act quickly.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court for more time. Filing a pre-answer motion under Utah R. Civ. P. 12(b), such as a motion challenging jurisdiction or service, can also change when your answer is due until the court rules. Get any extension in writing or on the record, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your response.

There is no fee just to file an answer in Utah, but if you assert a counterclaim or otherwise owe court costs and cannot pay them, you can ask the court to waive them. The request is made on the Motion to Waive Fees and Statement Supporting Motion, and eligibility is based on indigency, weighing your income, assets, and debts. Filing the motion lets you proceed without paying while the court decides whether you qualify.

Yes. Insufficient process and insufficient service of process are defenses you can raise by a pre-answer motion under Utah R. Civ. P. 12(b), or in your answer. If service did not follow the rules, you can challenge whether the court has jurisdiction over you, and the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks an entry of default and a default judgment under Rule 55.

Common affirmative defenses in Utah include accord and satisfaction, comparative fault, failure of consideration, payment, statute of limitations, and fraud. To assert your own claim against the plaintiff, you file a counterclaim 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 must be stated in your answer, or you can lose it. Plead the defenses and counterclaims that fit your facts.

Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for an action on a written contract under Utah Code § 78B-2-309, and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.

A party served with a divorce or dissolution petition and summons generally has 21 days to file and serve an answer under Utah R. Civ. P. 12(a)(1), or 30 days if served outside Utah. You file your response with the clerk of the District Court named in the summons, using the Utah Courts family law forms. Missing the window can let the case proceed by default and let the court decide property, support, and custody issues without your input.

Utah uses a pre-answer motion under Utah R. Civ. P. 12(b) rather than a separate federal-style procedure. You can move to dismiss for defenses such as lack of jurisdiction over the person, improper venue, insufficient process or service of process, or failure to state a claim upon which relief can be granted under Rule 12(b)(6). The motion is generally filed within the same response window that applies to an answer, and if the court denies it you then file your answer within the time the rule allows.

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