Utah Small Claims Defendant Forms: Every Form You Might Need

Finding the right court form when you are defending a small claims case in Utah can feel like a scavenger hunt across multiple court web pages. Here are the forms defendants actually need, where to find them, and when each one applies.

Counter Affidavit and Summons (Form 2001SC)

If you have a monetary claim against the plaintiff arising from the same transaction or dispute, this is the form that lets you file a counterclaim within the existing case. You must file it and serve it on the plaintiff at least 15 calendar days before the trial date.

Filing fees: $50 for claims up to $2,000; $70 for $2,001–$7,500; $120 for $7,501–$20,000. The counterclaim amount cannot exceed the $20,000 statutory limit.

Request to Be Excused From ODR (Form 3006SC)

If your case is assigned to an ODR court but you cannot participate in online dispute resolution — due to lack of internet access, a disability, or a language barrier — this form requests a judicial exemption. File it promptly after receiving the summons. The form does not pause your deadlines — you remain subject to all time limits until the judge grants the exemption.

Motion to Set Aside Default Judgment

If a default judgment was entered against you (because you missed the ODR registration window or did not appear at trial), this motion asks the judge to vacate the judgment and reopen the case. File within 15 calendar days of the judgment entry. After 15 days, you can still seek relief under URCP 60(b) if you show excusable neglect, improper service, or fraud, but any later filing must be within a reasonable time and no later than three months.

Attach a proposed Order on Motion to your filing — the judge needs a draft order to sign if they grant your motion.

Motion to Waive Fees

If you cannot afford court fees (counterclaim filing fee, appeal fee), file a Motion to Waive Fees along with a proposed Order on Motion to Waive Fees. Eligibility is based on household size and gross monthly income under Utah Code 78A-2-302. For a household of 1–3 people, the income threshold is $3,227.50 per month.

Fee waivers cover judicial filing fees only. They do not cover process server costs, certified mailing charges, or witness attendance fees.

Notice of Appeal

If you lost at trial and want a fresh hearing in District Court, file this form in the Justice Court within 28 calendar days of the judgment. The appeal is a trial de novo — a completely new trial that ignores the Justice Court's findings. The cost is $10 to the Justice Court plus $240 to the District Court.

Motion to Postpone Small Claims Case

If you have a legitimate reason to reschedule your trial — a medical emergency, unavoidable work conflict, or need for additional evidence — this motion requests a continuance. File it with a proposed order and serve a copy on the plaintiff. Your trial date stays active until the judge formally grants the postponement.

Where to Find and File These Forms

All standard forms are available as fillable PDFs on the Utah State Courts website at utcourts.gov under the small claims self-help section. You can file them four ways:

1. In person at the Justice Court clerk's office
2. By mail to the courthouse address (filed on the date the clerk receives it, not the postmark date)
3. By email as a signed black-and-white PDF to the court's designated filing email, with the subject line "Filing for [Case Number]"
4. Through MyCase at utcourts.gov/mycase — upload shows as "submitted" until staff approves it, but the filing date is retroactive to your submission

Our Utah small claims response guide includes the complete defendant timeline with form names, deadlines, and filing instructions organized by your specific situation — ODR or non-ODR, with or without a counterclaim.

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