Series 26613

District Court (Third District : Summit County) Civil case files, 1896-

34.00 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 Third District Court in Summit County. They include all papers filed with the court.

Scope and Content

These case files from the Third District Court in Summit 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.

Custody History

Case files were removed from the court office in Coalville and transferred to the Utah State Archives in October, 2007.

Acquisition Information

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

Processing Information

This series was archivally processed by Jim Kichas in April 2010.

Related Material

Civil registers of action from the District Court (Third District : Summit County), Series 26614, record the date any action was taken on a case.
Civil action index from the District Court (Third District : Summit County), Series 26615, contains index books that can be used to obtain the case file numbers needed to access this series.
Judgment record books from the District Court (Fourth District : Summit County), Series 27425, contains the entire case file cited in these books.
Judgment dockets from the District Court (Third District : Summit County), Series 27434, contains the entire case file relating to the judgments issued in these docket books.

Container List

BoxDateDescription
11896-19031-80
21896-190381-165
31896-1903166-254
41896-1903255-330
51896-1903331-415
61896-1903416-500
71903-1915501-629
81903-1915630-755
91903-1915756-879
101903-1915880-985
111903-1915986-1090
121903-19151091-1205
131915-19291206-1315
141915-19291316-1405
151915-19291406-1500
161915-19291501-1574
171915-19291575-1665
181915-19291666-1734
191930-19401735-1809
201930-19401810-1915
211930-19401916-1975
221930-19401976-2049
231930-19402050-2125
241930-19402126-2200
251930-19402201-2284
261930-19402285-2345
271940-19552346-2433
281940-19552434-2490
291940-19552491-2565
301940-19552566-2638
311940-19552639-2715
321940-19552716-2804
331940-19552805-2885
341940-19552886-2975