Series 13098

District Court (Fourth District : Juab County) Civil case files, 1896-

104.0 cubic feet

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

See history of the records' creator.

Summary of Records

These case files document civil cases handled by the Fourth District Court in Juab County. They include all papers filed with the court.

Scope and Content

These case files from the Fourth District Court in Juab County document the legal process and the administration of justice in conjunction with a civil proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed. Included are all cases which cannot legally be called "criminal cases." Records and documents pertaining to a particular action are filed together by the court clerk, who is required by the Rules of Civil Procedure to file pleadings and other legal papers. Collectively they constitute the case file.
A civil action commences with the filing of a complaint with the court or by service to the defendant of a summons together with a copy of the complaint. A unique case number is assigned by the court when the papers are filed with the clerk. The case file for a particular action includes the original complaint or summons together with all legal papers subsequently filed in connection with thecourt proceeding through disposition or dismissal. Included are such documents as: depositions (or written testimony), demurrers (which are pleas for the dismissal of a lawsuit on the grounds that even if the statements of the opposition are true, they do not sustain the claim), interrogatories (a pretrial discovery tool in which written questions are propounded by one party and served to the adversary, who must answer by written replies made under oath), answers, counter claims, replies, motions, petitions, affidavits (written statements made under oath before an officer of the court, notary public, or other authorized person), stipulations (an agreement between attorneys that concerns business before a court and is designed to simplify, shorten, or settle litigation and save costs), exhibit documents (written contracts, bills, receipts, etc.), notices, objections, citations, sheriff's certificates, judge's orders and rulings, judge's instructions to the jury, judge's findings offact and conclusions of law, final decrees, judgments, and executions (the process of carrying into effect a court's judgment, decree, or order).
Demurrers, pleas, and exceptions for insufficiency were abolished in 1953. Transcripts (an official and certified copy of what transpired in court or at an out-of-court deposition) and exhibits (items of real evidence) are not included in the case files.
Petitions for divorce are the predominant type of action in the civil case files. Suits to recover money are also common. These actions arise out of failure to honor promissory notes or other contract terms and non- payment of rent, lease payments, and court-ordered judgments. Attempts by plaintiffs to recover medical costs and lost income arising out of personal injury cases resulting from alleged carelessness or neglect appear frequently. These include traffic mishaps or accidents involving neighbors, employees, or business customers. Property cases include disputed ownership, damage,and contested improvements.
Legal actions include voluntary withdrawal or dissolution of corporations as well as petitions for a writ of habeas corpus (a court order requiring that a prisoner be brought before a judge to decide the legality of his detention or imprisonment). Court business (grand jury lists and reports, orders summoning persons to serve as jurors, various writs, etc.) have also been assigned civil case numbers.
According to statute, the district court has jurisdiction in all civil matters not excepted by the state constitution and not prohibited by law. During each calendar year the court is required to hold at least three terms at the county seat of each county within the district. The county clerk in each county serves as ex- officio clerk to the court and is responsible for maintaining the case files for actions arising in that county.
Responsibility for cases involving minimal monetary claims was reassigned to the newly created small claims departments ofinferior courts in 1933. When inferior courts have original jurisdiction, the district court is limited to hearing appeals. Included are violations of city and town ordinances, as well as minor traffic laws, where a City Court or Justice of the Peace Court is established. Upon receipt of an appeal, the district court conducts a complete retrial of the case.

Arrangement

Numerical by case number.

Access Restrictions

This series is classified as Public.

Use Restrictions

These records are available for reproduction and use.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Acquisition Information

These records were acquired from the creating agency through established retention schedules.

Processing Information

This series was processed by Jim Kichas in April 2011.

Related Material

Civil case indexes from the District Court (Fourth District : Juab County), Series 6057, contains indexes that can be used to access the case files in this series.
Civil registers of actions from the District Court (Fourth District : Juab County), Series 13103, record the date any action was taken on a case and contain indexes which can be used to identify the case file numbers needed to access this series.
Judgment record books from the District Court (Fifth District : Juab County), Series 17822, contains the text of judgment rendered in court cases.
Judgment docket books from the District Court (Fourth District : Millard County), Series 83443, contains the entire case file documented in the judgments recorded in this series.

Indexing Terms

Container List

BoxDateDescription
11883-1899A-Z
21883-18991-121
31883-1899122-197
41883-1899197-258
51883-1899261-323
61900-1909324-403
71900-1909404-479
81900-1909480-552
91900-1909553-645
101900-1909646-735
111910-1919736-833
121910-1919834-920
131910-1919921-1010
141910-19191011-1103
151910-19191104-1186
161910-19191187-1265
171910-19191266-1357
181910-19191358-1401
191920-19291402-1448
201920-19291449-1501
211920-19291502-1583
221920-19291584-1665
231920-19291666-1689
241920-19291690-1777
251920-19291778-1830
261920-19291831-1899
271920-19291900-1989
281920-19291990-2079
291920-19292080-2149
301930-19392150-2169
311930-19392170-2249
321930-19392250-2329
331930-19392330-2399
341930-19392400-2465
351930-19392466-2515
361930-19392515-2589
371930-19392590-2659
381930-19392660-2749
391930-19392750-2819
401930-19392820-2881
411940-19492882-2904
421940-19492905-2953
431940-19492954-3007
441940-19493008-3049
451940-19493050-3099
461940-19493100-3169
471940-19493170-3249
481940-19493250-3308
491950-19593309-3329
501950-19593330-3429
511950-19593430-3489
521950-19593490-3589
531950-19593590-3659
541950-19593660-3759
551950-19593760-3789
561950-19593790-3869
571950-19593869-3949
581950-19593950-3990
591960-19693991-4039
601960-19694040-4099
611960-19694100-4149
621960-19694150-4219
631960-19694221-4289
641960-19694290-4359
651960-19694360-4439
661960-19694440-4510
671970-19794511-4549
681970-19794550-4600
691970-19794601-4634
701970-19794635-4666
711970-19794667-4700
721970-19794701-4739
731970-19794740-4791
741970-19794792-4839
751970-19794840-4899
761970-19794900-4969
771970-19794970-5039
781970-19795040-5123
791970-19795124-5193
801970-19795194-5225
811970-19795226-5259
821970-19795260-5289
831970-19795290-5321
841980-19895322-5355
851980-19895356-5392
861980-19895393-5426
871980-19895427-5469
881980-19895470-5498
891980-19895499-5529
901980-19895530-5574
911980-19895575-5619
921980-19895620-5663
931980-19895664-5714
941980-19895715-5749
951980-19895750-5768
961980-19895769-5782
971980-19835783-5802
981980-19895803-5841
991980-19895842-5871
1001980-19895872-5909
1011980-19895910-5949
1021980-19895950-5989
1031980-19895990-6019
1041886-1965Commitments