Mitchell v. Arco Indust. Sales, 2026 UT App 75 (Oliver, J.)
Civil/Civil Procedure
The Utah Court of Appeals held:
(1) The district court did not err by not holding an evidentiary hearing to determine damages after default where damages sought could be calculated with mathematical accuracy. (2) The district court erred by not allowing defendants the opportunity to be fully heard on the issue of damages. (3) The district court did not err by determining that statute of limitations defense had been waived where answer asserting defense had been struck. (4) The district court did not err in awarding prejudgment interest where damages were subject to calculation.
Practice tip:
While rule 55 of the Utah Rules of Civil Procedure does not require a district court to hold an evidentiary hearing to determine damages after default in every case involving unliquidated damages, an evidentiary hearing is required where the damages sought are of the type that are incomplete or cannot be calculated with mathematical accuracy.
Practice tip:
Following default, a defendant is entitled to a full opportunity to be heard on the issue of damages, whether through a hearing, sworn affidavits, expert reports, or otherwise.
