If, for example, a default judgment is set aside, the party must show to the court why the proposed answer contains a defense that is entitled to be tried. The party must tell the court what things they disagree with in the complaint or petition. If the judge finds that the motion was not made within a reasonable time, s/he can deny it, even if the reason for the request is a valid one.Įven when a party has a valid reason to ask to set aside the default or judgment under the court rule, and even if they make the motion by the deadline, in many cases the party must also show that they have a "meritorious" or good defense in the case. fraud, misrepresentation or other misconduct of the other party.mistake, inadvertence, surprise, or excusable neglect.
In addition to the reasonable time requirement, a party asking to set aside the default or judgment for one of the reasons listed below must do so within three months of the default or judgment: A party should clearly explain why the time in which they filed the motion is reasonable. The judge decides what a reasonable time is, and it will depend on the circumstances in the case.
newly discovered evidence which could not have been discovered in time to move for a new trial under Rule 59(b).Utah Rule of Civil Procedure 55(b) and Utah Rule of Civil Procedure 60(b) specify the reasons a default or judgment may be set aside: Reasons to set aside the default judgment A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.