Series 13111

District Court (Seventh District : Grand County) Civil case files

Dates: 1896-

1.75 cubic feet

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

Scope and Content

These case files from the Seventh District Court in Grand 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 registers of action from the District Court (Seventh District : Grand County), Series 26180, record the date any action was taken on a case.

Civil cases index from the District Court (Seventh District : Grand County), Series 26183, contains indexes that can be used to obtain the case file numbers needed to access this series.

Custody History

Case files were sent from the court to the Utah State Archives in 2014.

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.

Civil case files 21, 22, 30, 31, 32, 33, 34, 35, 36, 37, 38, 459, 819, 949, 1141, 1159, 1184, 2005, 2254, 2326, 2342, 2425, 2483, 2489, 2614, 2616, 2617, 2618, 2700, 3851, 3914, 4607, 4642, 4748, 4867, 4885, 4948, and 5081 are missing from the arrangement.

Processing Note

This series was processed by Jim Kichas in January 2015.

Indexing Terms

Container List

FICHE-BOX	DATE	DESCRIPTION
1	1896-1923	1-119B
2	1896-1923	120A-199B
3	1896-1926	200A-339
4	1926-1934	340-529
5	1934-1944	530-689
6	1944-1953	690-899
7	1953-1955	900-1099
8	1955-1956	1100-1299
9	1956-1958	1300-1449
10	1958-1959	1450-1629
11	1959-1961	1630-1829
12	1961-1962	1830-2099
13	1962-1963	2100-2299
14	1963-1965	2300-2479
15	1965-1967	2480-2679
16	1967-1968	2680-2899
17	1968-1969	2900-3021
18	1970	3022-3099
19	1970-1972	3100-3269
20	1972-1974	3270-3509
21	1974-1977	3510-3729
22	1977-1978	3730-3979
23	1978-1979	3980-4179
24	1979-1980	4180-4349
25	1980	4350-4399
26	1980-1981	4400-4499
27	1981	4500-4599
28	1981-1982	4600-4699
29	1982	4700-4799
30	1982-1983	4800-4899
31	1983	4900-4999
32	1983-1984	5000-5099
33	1984	5100-5199
34	1984-1985	5200-5299
35	1985	5300-5366