Utah Motion-to-Vacate Deadlines
Utah's primary motion-to-vacate rule is Utah R. Civ. P. 60(b). Ordinary grounds (mistake, inadvertence, surprise, excusable neglect) must generally be raised within 90 days ((1-3)). Fraud grounds are more generous in Utah, and void-judgment attacks have no fixed time limit.
| Ground | Utah Deadline |
|---|---|
| Ordinary relief (mistake/neglect) | 90 days ((1-3)) |
| Fraud on the court | 90 days (intrinsic); reasonable time (extrinsic) |
| Void judgment (jurisdiction/service) | void any time |
If your motion targets the ordinary window, it must be filed within 90 days ((1-3)) of the judgment. A void-judgment attack under Utah R. Civ. P. 60(b) is not time-barred because the judgment was never valid to begin with.
Extrinsic vs Intrinsic Fraud in Utah
Utah follows federal extrinsic/intrinsic framework.
The distinction matters because extrinsic fraud (fraud that prevented you from presenting your case) typically can be attacked at any reasonable time under Utah law, often via an independent equity proceeding. Intrinsic fraud (false evidence or perjury within the case) is usually bound by the ordinary window.
- Extrinsic examples: opposing party intentionally concealed your address to prevent service; bribed your lawyer; kept you from testifying.
- Intrinsic examples: perjured affidavit of amount owed; forged signed contract; false account statement.
If you have evidence of extrinsic fraud in Utah, you likely have a cause of action even after the ordinary vacatur window has closed.
Void Judgments -- No Time Limit in Utah
A judgment is void (not merely voidable) when the court lacked:
- Personal jurisdiction -- e.g., improper service, out-of-state defendant with insufficient minimum contacts.
- Subject-matter jurisdiction -- e.g., state-court suit on exclusively federal claim.
- Due process compliance -- e.g., no meaningful notice or opportunity to be heard.
Void judgments in Utah can be attacked at any time and should be void as of their entry. Service defects (sewer service, no personal service attempt before publication, substitute service on someone not authorized) are by far the most common basis.
FRCP 60 State Analog for Utah
Utah's Utah R. Civ. P. 60(b) is the state analog of Federal Rule of Civil Procedure 60 (or FRCP 60(b) for relief from final judgments). In federal practice, FRCP 60(b) covers:
- (1) mistake, inadvertence, surprise, or excusable neglect
- (2) newly discovered evidence
- (3) fraud, misrepresentation, or misconduct
- (4) void judgment
- (5) satisfied judgment
- (6) any other reason that justifies relief
Utah's rule tracks this structure with variations noted above. If your case is in federal court (e.g., bankruptcy adversary proceeding), FRCP 60(b) applies directly.
Stipulated Judgments in Utah
Utah's 90-day window is tight; void-judgment relief not time-limited.
Stipulated (consent) judgments are harder to vacate because they represent a contractual agreement. Utah courts generally require a showing of:
- Fraud. The other party lied about a material fact you relied on.
- Mutual mistake. Both parties were wrong about a material fact (e.g., amount owed was misstated).
- Duress or coercion. You signed under improper pressure or threat.
- Lack of capacity or authority. You could not legally consent, or the signing attorney lacked authority.
Ordinary remorse or change of mind will not vacate a stipulated judgment in Utah. See default vs consent judgments.
Timeline for Filing Your Utah Motion
Speed matters in Utah. The typical timeline:
- Day 0. Judgment entered (or discovered by you).
- Day 1-14. Gather evidence -- service records, correspondence, affidavits, meritorious defense documents.
- Day 15-30. Draft motion with supporting affidavit. Courts view delay as waiver.
- Day 30+. File motion, serve opposing party. Ask for a hearing.
For ordinary relief under Utah R. Civ. P. 60(b), filing beyond 90 days ((1-3)) is fatal. Use our motion template to stay ahead of the deadline.
When Bankruptcy Is the Cleaner Path
If the motion-to-vacate window has closed or your grounds are weak, bankruptcy remains effective. In Utah:
- Chapter 7 discharges the underlying debt within 90-120 days.
- Chapter 13 restructures the judgment debt over 3-5 years.
- Section 522(f) judicial lien avoidance strips judgment liens that impair exemptions.
- Section 362 automatic stay halts all collection activity on filing.
See 1328(f) refiling screener, Utah means test, and judgment after bankruptcy.