Free Checklist for Default Judgment - Utah


File Size: 41.1 kB
Pages: 3
Date: April 24, 2009
File Format: PDF
State: Utah
Category: Small Claims
Author: Novell User
Word Count: 646 Words, 3,974 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.utcourts.gov/howto/smallclaims/docs/00.06_Checklist_for_%20Default_Judgment.pdf

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Preview Checklist for Default Judgment
Checklist for Default Judgment
Keep a copy of all documents for your records. Attend all court hearings. (1) Motion to Enter Default Judgment Write your name and contact information at the top of the first page. Check whether you are the plaintiff or defendant or the attorney for the plaintiff or defendant. Complete the heading exactly as it appears in the Affidavit and Summons. Paragraph (1): Check whether it was plaintiff or defendant who failed to appear at the trial and that person is not a minor or an incapacitated person.
(Default cannot be taken against a minor or an incapacitated person.)

Check whether that party was served with the Affidavit and Summons or the Counter Affidavit and Summons. Paragraph (2) Specify the damages, costs, and interest and whether the party has made any payments. Omit any private or protected information. When filed, this document is a public record. Code of Judicial Administration Rule 4-202.09(9) requires that you omit from a public record any information that is not itself public information. For a list of records, data and information classified as public, private, and protected, see Rule 4-202.02. Date and sign the form. Attach the Military Service Declaration Attach the proposed Military Service Order Attach the proposed Judgment File the forms with the judicial service assistant. If the other party is in default for failure to appear, you do not need to serve this document or its attachments. URCP 5. (2) Military Service Declaration Write your name and contact information at the top of the first page. Check whether you are the plaintiff or defendant or the attorney for the plaintiff or defendant. Complete the heading exactly as it appears in the Affidavit and Summons. Paragraph (1): check whichever box is true. Paragraph (2): describe the research you have done.

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Paragraph (3): If the Department of Defense Manpower Data Center has issued a certificate of the Defendant's military service status, check the box and attach the certificate. State the defendant's identifying information that you used in the Department of Defense Manpower Data Center research. Paragraph (4): describe how you know the identifying information to be true. Paragraph (5): check the box if the statement is true. Omit any private or protected information. When filed, this document is a public record. Code of Judicial Administration Rule 4-202.09(9) requires that you omit from a public record any information that is not itself public information. For a list of records, data and information classified as public, private, and protected, see Rule 4-202.02. Date and sign the form. File the form with the Motion. (3) Proposed Military Service Order Complete the heading exactly as it appears in the Affidavit and Summons. Do not complete the rest of the form. The judge will do this. File the proposed Order with the Motion. You must serve the completed Order on the other party after it is signed. (4) Proposed Judgment Complete the heading exactly as it appears in the Affidavit and Summons. Do not complete the rest of the form. The judge will do this. File the proposed Judgment with the Motion. You must serve the completed Judgment on the other party after it is signed. (5) Notice of Default Judgment After the judge signs the Military Service Order and the Judgment: Complete a Notice of Default Judgment o Write your name and contact information at the top of the first page. Check whether you are the plaintiff or defendant or the attorney for the plaintiff or defendant. o Complete the heading exactly as it appears in the Affidavit and Summons. o Check "Plaintiff" or "Defendant," whichever is correct. o Date and sign the form. Attach a copy of the signed Military Service Order and the signed Judgment Serve the forms on the other party

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Complete the Certificate of Service. File the Certificate of Service with the judicial service assistant.

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