Utah Department of Administrative Services

Division of Archives & Records Service

Series 13098

District Court (Fourth District : Juab County) Civil case files

Dates: 1896-

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

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 the court 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 of fact 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 of inferior 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.

Related Records

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.

Access Restrictions

This series is classified as Public.

Preferred Citation

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

Processing Note

This series was processed by Jim Kichas in April 2011.

Indexing Terms

Container List

BOX DATE DESCRIPTION
1 1883-1899 A-Z
2 1883-1899 1-121
3 1883-1899 122-197
4 1883-1899 197-258
5 1883-1899 261-323
6 1900-1909 324-403
7 1900-1909 404-479
8 1900-1909 480-552
9 1900-1909 553-645
10 1900-1909 646-735
11 1910-1919 736-833
12 1910-1919 834-920
13 1910-1919 921-1010
14 1910-1919 1011-1103
15 1910-1919 1104-1186
16 1910-1919 1187-1265
17 1910-1919 1266-1357
18 1910-1919 1358-1401
19 1920-1929 1402-1448
20 1920-1929 1449-1501
21 1920-1929 1502-1583
22 1920-1929 1584-1665
23 1920-1929 1666-1689
24 1920-1929 1690-1777
25 1920-1929 1778-1830
26 1920-1929 1831-1899
27 1920-1929 1900-1989
28 1920-1929 1990-2079
29 1920-1929 2080-2149
30 1930-1939 2150-2169
31 1930-1939 2170-2249
32 1930-1939 2250-2329
33 1930-1939 2330-2399
34 1930-1939 2400-2465
35 1930-1939 2466-2515
36 1930-1939 2515-2589
37 1930-1939 2590-2659
38 1930-1939 2660-2749
39 1930-1939 2750-2819
40 1930-1939 2820-2881
41 1940-1949 2882-2904
42 1940-1949 2905-2953
43 1940-1949 2954-3007
44 1940-1949 3008-3049
45 1940-1949 3050-3099
46 1940-1949 3100-3169
47 1940-1949 3170-3249
48 1940-1949 3250-3308
49 1950-1959 3309-3329
50 1950-1959 3330-3429
51 1950-1959 3430-3489
52 1950-1959 3490-3589
53 1950-1959 3590-3659
54 1950-1959 3660-3759
55 1950-1959 3760-3789
56 1950-1959 3790-3869
57 1950-1959 3869-3949
58 1950-1959 3950-3990
59 1960-1969 3991-4039
60 1960-1969 4040-4099
61 1960-1969 4100-4149
62 1960-1969 4150-4219
63 1960-1969 4221-4289
64 1960-1969 4290-4359
65 1960-1969 4360-4439
66 1960-1969 4440-4510
67 1970-1979 4511-4549
68 1970-1979 4550-4600
69 1970-1979 4601-4634
70 1970-1979 4635-4666
71 1970-1979 4667-4700
72 1970-1979 4701-4739
73 1970-1979 4740-4791
74 1970-1979 4792-4839
75 1970-1979 4840-4899
76 1970-1979 4900-4969
77 1970-1979 4970-5039
78 1970-1979 5040-5123
79 1970-1979 5124-5193
80 1970-1979 5194-5225
81 1970-1979 5226-5259
82 1970-1979 5260-5289
83 1970-1979 5290-5321
84 1980-1989 5322-5355
85 1980-1989 5356-5392
86 1980-1989 5393-5426
87 1980-1989 5427-5469
88 1980-1989 5470-5498
89 1980-1989 5499-5529
90 1980-1989 5530-5574
91 1980-1989 5575-5619
92 1980-1989 5620-5663
93 1980-1989 5664-5714
94 1980-1989 5715-5749
95 1980-1989 5750-5768
96 1980-1989 5769-5782
97 1980-1983 5783-5802
98 1980-1989 5803-5841
99 1980-1989 5842-5871
100 1980-1989 5872-5909
101 1980-1989 5910-5949
102 1980-1989 5950-5989
103 1980-1989 5990-6019
104 1886-1965 Commitments