Can defendants raise new service defenses in subsequent rule 60(b) motions? State v. All Real Property Explained

Background and Facts

The State of Utah initiated forfeiture proceedings against Bruce Petersen’s property located at 736 North Colorado Street under Utah Code section 58-37-13. The State served the Notice of Seizure and Verified Complaint for Forfeiture via certified mail to that address. After unsuccessful delivery attempts, the postal service returned the package to the State. The State then moved for and obtained a default judgment and judgment of forfeiture.

Key Legal Issues

The central issue was whether Petersen could raise a defense based on insufficient service of the complaint in his second rule 60(b) motion after failing to raise it in his first such motion. The court had to determine whether the waiver rule established by rule 12(h) of the Utah Rules of Civil Procedure applies to rule 60(b) motions.

Court’s Analysis and Holding

The Utah Supreme Court held that rule 12(h) waiver provisions apply to rule 60(b) motions. The court found no principled basis for treating rule 60(b) motions differently than other motions regarding waiver of jurisdictional defenses. Following federal precedent interpreting similar rules, the court concluded that when a party files a rule 60(b) motion as their first responsive document, they must assert all jurisdictional defenses or waive them. Additionally, the court applied collateral estoppel principles, noting that the court of appeals had previously determined Petersen failed to raise the complaint defense in his initial motion, and Petersen’s failure to seek review of that decision made it final.

Practice Implications

This decision establishes that Utah practitioners must be comprehensive when filing rule 60(b) motions challenging default judgments. All jurisdictional defenses, including insufficient service arguments, must be raised in the initial motion or they will be waived under rule 12(h). The court’s reliance on federal precedent suggests similar waiver principles will apply broadly to rule 60(b) practice in Utah.