Series 13098

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

Dates: 1896-

104.0 cubic feet

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