Series 18195

District Court (Fifth District : Iron County) Civil case files

Dates: 1896-

45.00 cubic feet and 69 microfilm reels

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

Scope and Content

These case files from the Fifth District Court in Iron 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.

Research Note

The court began renumbering civil case files beginning with a new case 1 in 1915.

Related Records

Civil registers of actions from the District Court (Fifth District : Iron County), Series 18187, 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 : Iron County), Series 18190, contains the text of judgment rendered in court cases.

Judgment dockets from the District Court (Fifth District : Iron County), Series 26633, contains the entire case file relating to the judgments issued in these docket books.

Custody History

All case files created between 1896 and 1958 were transferred to the Utah State Archives in 2007. For access to case files post-1958 researchers should contact the clerk of the Fifth District Court in Iron County.

Additional Forms

This series is available on microfilm.

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.

Gaps in Series

In the first arrangement of case files kept between 1896 and 1915 case files 1, 2, 22, 42, 50, 72, 81, 89, 106, 113, 127, 137, 138, 144, 160, 161, 173, and 177 are missing. The court began renumbering case files in 1915 and case files 4, 28, 138, 150, 181, 192, 199, 225, 335, 340, 342, 344, 349, 389, 593, 638, 639, 811, 819, 964, 1017, 1041, 1123, 1347, 1792, 1800, 1817, 1948, 2065, 2118, 2147, 2246, 2247, 2248, 2523, 2524, 2530, 2741, 2917, 2936, 2946, and 3258 are missing from that arrangement.

Gaps in Series

In 2010 case files 119, 616 to 659, and 810 were found in the court and mailed to the State Archives. The case files have been added to the physical holdings but have not been microfilmed.

Processing Note

This series was archivally processed by Jim Kichas and Emily Gurr in June 2008 as part of a NHPRC grant project designed to preserve the historic records of Utah's Fifth District Courts.

Indexing Terms

Container List

REEL	BOX	DATE	DESCRIPTION
1	1	1896-1899	1-35
2	1	1899-1903	36-71
2	2	1899-1903	72-75
3	2	1904-1910	76-123
4	2	1910-1913	124-146
4	3	1910-1913	147-170
5	3	1914-1915	171-195
5	4	1914-1915	1-20
6	4	1916-1917	21-58
7	4	1918-1919	59-69
7	5	1918-1919	70-106
8	5	1919-1921	107-121
8	6	1919-1921	122-142
9	6	1921-1922	143-155
9	7	1921-1922	156-174
10	7	1921-1922	175-236
11	7	1923	237-260
11	8	1923	261-269
12	8	1923	270-310
13	8	1924	311-364
13	9	1924	365-366
14	9	1924	367-433
15	9	1925	434-453
15	10	1925	454-483
16	10	1925-1926	484-545
17	10	1926-1928	546-564
17	11	1926-1928	565-608
18	11	1928-1929	609-655
N/A	46	1928-1929	616-659
18	12	1928-1929	656-677
19	12	1929-1930	678-744
20	12	1930	745-753
20	13	1930	754-799
21	13	1930-1931	800-874
21	14	1930-1931	875-884
22	14	1931	885-971
23	14	1931-1932	972-979
23	15	1931-1932	980-1016
24	15	1932-1933	1017-1075
25	16	1932-1933	1075(a)-1075(f)
26	16	1932-1933	1075(g)-1123
27	17	1932-1933	1124-1163
28	17	1932-1933	1164-1206
29	18	1933-1934	1207-1263
30	18	1934	1264-1298
30	19	1934	1299-1319
31	19	1934	1320-1383
32	19	1934-1935	1384-1400
32	20	1934-1935	1401-1438
33	20	1935	1439-1470
34	20	1936	1471-1476
34	21	1936	1477-1513
35	21	1936	1514-1555
36	21	1936-1937	1556-1557
36	22	1936-1937	1558-1583
37	22	1937	1584-1631
38	22	1937-1938	1632-1641
38	23	1937-1938	1642-1673
39	23	1937-1938	1674-1721
39	24	1937-1938	1722
40	24	1937-1938	1722(a)-1772
41	24	1939	1772-1800
41	25	1939	1801-1830
42	25	1939	1831-1883
43	25	1939-1940	1884-1887
43	26	1939-1940	1888-1942
44	26	1939-1940	1943-1949
44	27	1939-1940	1950-1973
45	27	1940-1941	1974-2028
46	27	1941-1942	2029-2034
46	28	1941-1942	2035-2097
47	28	1942-1943	2098-2117
47	29	1942-1943	2118-2148
48	29	1943-1944	2149-2169
48	30	1943-1944	2170-2211
49	30	1944-1945	2212-2286
49	31	1944-1945	2287-2303
50	31	1944-1945	2304-2370
51	31	1945-1946	2371-2383
51	32	1945-1946	2384-2438
52	32	1946-1947	2439-2480
52	33	1946-1947	2481-2505
53	33	1947-1948	2506-2571
54	33	1948	2572-2586
54	34	1948	2587-2649
55	34	1948-1959	2650-2696
55	35	1948-1949	2697-2715
56	35	1949	2716-2775
57	35	1949-1951	2776-2784
57	36	1951	2785-2843
58	36	1951	2844-2907
58	37	1951	2908-2955
59	37	1951	2956-2996
59	38	1951	2997-3008
60	38	1951-1952	3009-3052
61	38	1952	3053-3062
61	39	1952	3063-3105
62	39	1952-1953	3106-3148
62	40	1952-1953	3149-3171
63	40	1953-1954	3172-3226
63	41	1953-1954	3227-3228
64	41	1953-1954	3229-3259
65	41	1954	3260-3298
65	42	1954	3299-3337
66	42	1954-1955	3338-3397
66	43	1954-1955	3398-3428
67	43	1955-1956	3429-3475
67	44	1955-1956	3476-3506
68	44	1956-1958	3507-3573
68	45	1956-1958	3574-3595
69	45	1958	3596-3649