![]() Failure to join a party – the complaint does not name a party who is indispensable to the case.Ī party wanting to file this kind of motion can use the forms found on the Motions web page.Failure to state a claim upon which relief can be granted – the complaint does not give the parties enough information about the claim, what kind of relief is sought, or an idea of what kind of case it is.Insufficiency of service of process – there is a problem with the way the documents were served.Insufficiency of process – there is a problem with the summons.Lack of jurisdiction – the court does not have the authority to hear this kind of case.Utah Rule of Judicial Administration 4-103 and Utah Rule of Civil Procedure 60(b)(1).Ī party can ask to dismiss a case filed by another party for a number of reasons, including: The Motion to Vacate Dismissal and Reinstate Civil Case web page has information about the process, and forms. If a civil case has been dismissed for one of these reasons, a party can ask to set aside or "undo" the dismissal, and continue moving forward with the case by filing a Motion to Vacate Dismissal and Reinstate Civil Case. The notice may give the parties a deadline to take actions to move the case forward. The court will usually send a notice to the parties telling them that it plans to dismiss the case before dismissing it. failure to serve the defendant within 120 days of filing, or.lack of prosecution, meaning there has been no activity in the case for a long time, or.See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.Ī civil case can be dismissed by the court for a number of reasons, including: Motions decided by a commissioner are governed by URCP 101. A judge will not rule on a motion until the time for filing an opposition to the motion has passed and a Request to Submit for Decision has been filed. Motions decided by a judge are governed by URCP 7. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner. Call the court, or look at the caption of the complaint or petition. If you are not sure whether your case is assigned to a judge or commissioner, find out. Motions decided by a judge and motions decided by a commissioner follow different procedures. However, in Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Judges may rule on all motions in all types of cases. Will the motion be decided by a judge or commissioner? This kind of dismissal is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal. The process for this kind of motion follows the general motion process. ![]() Forms are available at the bottom of this page. The plaintiff or petitioner (or counterclaimant, crossclaimant, or third-party claimant) can ask to dismiss their own case by filing a Motion to Voluntarily Dismiss Case, Counterclaim, Crossclaim or Third-party Claim. ![]() Motion to Voluntarily Dismiss Case, Counterclaim, Crossclaim or Third-party Claim If the defendant has filed an answer and the parties do not agree to dismiss, the plaintiff would instead have to file a motion to ask the court to dismiss the case. If the defendant has filed an answer, but the parties agree, they can both sign a Stipulation of Voluntary Dismissal.ĭismissal by notice or stipulation is "without prejudice," which means it is possible for the plaintiff or counterclaimant to bring their claim again in the future by asking the court to set aside or "undo" the dismissal.
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