Series 3635

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

Dates: 1896-

35.00 cubic feet and 45 microfilm reels

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

Historical Note

An agency history is available.

Scope and Content

These case files from the Fifth District Court in Washington 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 actions from the District Court (Fifth District : Washington County), Series 18193, contain alphabetical indexes at the beginning of each individual volume which can be used to identify the case file numbers needed to access this series.

Register of actions from the District Court (Fifth District : Washington County), Series 23737, is a register for criminal and probate cases as well as civil cases from 1895-1899.

Index to civil and criminal actions from the District Court (Fifth District : Washington County), Series 26247, s an index for civil and criminal cases from 1896-1937. The researcher should also consult the holdings of the First and Second District Courts, and of the Washington County Probate Court, for civil case records from Washington County during the territorial period

Judgment record books from the District Court (Fifth District : Washington County), Series 26330, contains the entire case file documented in the judgments recorded in this series.

Custody History

All case files created between 1896 and 1955 were transferred to the Utah State Archives in 2007. For access to case files post-1955 researchers should contact the clerk of the Fifth District Court in Washington 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 December 2009 case file 281 was found in the court and was mailed to the State Archives. The case file has been added to the physical holdings but has not been microfilmed.

Gaps in Series

In July 2010 the court mailed three boxes to the State Archives containing assorted water rights material covering 1900 to 1935. The material has been added to the physical holdings but has not been microfilmed.

Processing Note

This series was archivally processed by Jim Kichas and Emily Gurr in December 2007 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	1896-1905	1-51
1	2	1906-1909	52-58
2	2	1906-1909	59-71
3	2	1909-1913	72-100
3	3	1909-1913	101-104
4	3	1913-1915	105-134
5	3	1916-1918	135-139
5	4	1916-1918	140-161
6	4	1918-1919	162-199
7	4	1919-1921	200-212
7	5	1919-1921	213-226
8	5	1921-1923	227-289
9	5	1923-1924	290-309
9	6	1923-1924	310-311
10	6	1924-1925	312-335
11	6	1925	336-367
11	7	1925	368
12	7	1925-1926	369-398
13	7	1926-1927	399-434
14	7	1927-1928	435-436
14	8	1927-1928	437-464
15	8	1928-1929	465-494
16	8	1929	495-503
16	9	1929	504-527
17	9	1929-1930	528-570
18	9	1930	571-587
18	10	1930	588-615
19	10	1931-1932	616-672
20	11	1932-1933	673-723
21	11	1934-1934	724-759
21	12	1933-1934	760-767
22	12	1934-1936	768-817
23	12	1935-1936	818-839
23	13	1935-1936	840-869
24	13	1936-1937	870-906
25	14	1937	907-971
26	14	1937-1938	972-992
26	15	1937-1938	993-1069
27	15	1937-1939	1070-1077
27	16	1937-1939	1078-1129
28	16	1939-1940	1130-1154
28	17	1939-1940	1155-1216
29	17	1940-1941	1217-1220
29	18	1940-1941	1221-1244
30	18	1940-1941	1245-1304
30	19	1941-1943	1305-1321
31	19	1941-1943	1322-1379
31	20	1941-1943	1380-1389
32	20	1943-1945	1390-1465
33	20	1945-1946	1466
33	21	1945-1946	1467-1535
34	21	1946-1947	1536-1540
34	22	1946-1947	1541-1597
35	22	1947-1948	1598-1620
35	23	1947-1948	1621-1677
36	23	1948-1949	1678-1690
36	24	1948-1949	1691-1759
37	24	1949-1950	1760-1770
37	25	1949-1950	1771-1839
38	25	1950-1951	1840-1852
38	26	1950-1951	1853-1915
N/A	26	1951-1952	1916-1930
39	27	1951-1952	1931-2003
39	28	1951-1952	2004-2009
40	28	1952	2010-2060
41	28	1952-1953	2061-2080
41	29	1952-1953	2081-2111
42	29	1953-1954	2112-2160
42	30	1953-1954	2161-2192
43	30	1954	2193-2250
43	31	1954	2251-2264
44	31	1954-1955	2265-2335
44	32	1954	2336
45	32	1955	2337-2379
N/A	33	1900-1935	Water Rights Material
N/A	34	1900-1935	Water Rights Material
N/A	35	1900-1935	Water Rights Material