| (1) |
A default judgment rendered in any civil action against a service member during a period of state military service or within 30 days after termination of the state military service may be set aside if:
Terms Used In Utah Code 39A-6-104- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
| (a) |
it appears that the service member was prejudiced by reason of the service member’s state military service in making a defense to the action; |
| (b) |
application by the service member or the service member’s legal representative is made to the court rendering the judgment not later than 60 days after the termination of the service member’s state military service; and |
| (c) |
the application provides enough facts that it appears that the defendant has a meritorious or legal defense to the action or some part of the action. |
|
| (2) |
Vacating, setting aside, or reversing any judgment because of any of the provisions of this chapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment. |
Renumbered and Amended by Chapter 373, 2022 General Session
