Series 3638

District Court (Sixth District : Sanpete County) Civil case files

Dates: 1887-

84.00 cubic feet and 12 microfilm reels

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

Scope and Content

These case files from the Sixth District Court in Sanpete 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

Judgment record books from the District Court (Sixth District : Sanpete County), Series 21849, contains the text of judgment rendered in court cases.

Civil registers of action from the District Court (Sixth District : Sanpete County), Series 26691, record the date any action was taken on a case.

Judgment dockets from the District Court (Seventh District : Sanpete County), Series 26693, contains the entire case file relating to the judgments issued in these docket books.

Index to civil actions from the District Court (Sixth District : Sanpete County), Series 27331, contains register of action indexes which can be used to identify the case file numbers needed to access this series.

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.

Processing Note

This series was processed by Jim Kichas in October 2010.

Finding Aids

Indexes: A name index from the Sanpete County Clerk is available in the research center, covering from 1890 thru 1898, and from Case 1 thru Case 239.

Indexing Terms

Container List

REEL	BOX	DATE	DESCRIPTION
1	1	1891	1-20
2	1	1892-1893	21-41
3	1	1893	42-60
3	2	1893	61-66
4	2	1893-1895	67-93
5	2	1895-1896	94-120
6	3	1895-1896	121-155
7	3	1896-1897	156-174
8	3	1897	175-180
8	4	1897	181-203
9	4	1898	204-239
N/A	5	1898-1900	240-279
N/A	6	1898-1900	280-319
N/A	7	1900-1902	320-375
N/A	8	1900-1902	376-420
N/A	9	1902-1905	421-474
N/A	10	1902-1905	475-528
N/A	11	1905-1906	529-585
N/A	12	1905-1906	586-620
N/A	13	1906-1908	621-669
N/A	14	1906-1908	670-717
N/A	15	1908-1910	718-770
N/A	16	1908-1910	771-800
N/A	17	1910-1911	801-845
N/A	18	1910-1911	846-900
N/A	19	1911-1913	901-1000
N/A	20	1913-1914	1001-1051
N/A	21	1913-1914	1052-1085
N/A	22	1914-1916	1086-1138
N/A	23	1914-1916	1139-1200
N/A	24	1916-1917	1201-1262
N/A	25	1916-1917	1263-1300
N/A	26	1917-1919	1301-1367
N/A	27	1917-1919	1368-1422
N/A	28	1919-1921	1423-1492
N/A	29	1919-1921	1493-1550
N/A	30	1921-1922	1551-1580
N/A	31	1921-1922	1581-1640
N/A	32	1922-1923	1641-1687
N/A	33	1922-1923	1688-1733
N/A	34	1923-1924	1734-1790
N/A	35	1923-1924	1791-1830
N/A	36	1924-1925	1831-1881
N/A	37	1925	1882-1941
N/A	38	1925-1926	1942-2005
N/A	39	1926	2006-2053
N/A	40	1926-1927	2054-2111
N/A	41	1927	2112-2171
N/A	42	1927-1928	2172-2225
N/A	43	1928-1929	2226-2257
N/A	44	1928-1929	2258-2285
N/A	45	1929	2286-2340
N/A	46	1929-1930	2341-2404
N/A	47	1930-1931	2405-2460
N/A	48	1931	2461-2511
N/A	49	1931-1932	2512-2571
N/A	50	1932	2572-2629
N/A	51	1932-1933	2630-2700
N/A	52	1933	2701-2763
N/A	53	1933-1934	2764-2820
N/A	54	1934	2821-2880
N/A	55	1934-1935	2881-2935
N/A	56	1935	2936-2990
N/A	57	1935-1936	2991-3052
N/A	58	1936	3053-3110
N/A	59	1936-1937	3111-3165
N/A	60	1937	3166-3225
N/A	61	1937-1938	3226-3295
N/A	62	1938	3296-3355
N/A	63	1938-1939	3356-3420
N/A	64	1939-1940	3421-3488
N/A	65	1940	3489-3552
N/A	66	1940-1942	3553-3613
N/A	67	1942-1943	3614-3674
N/A	68	1943-1944	3675-3731
N/A	69	1944-1945	3732-3787
N/A	70	1945-1946	3788-3857
N/A	71	1945-1946	3858-3918
N/A	72	1945-1946	3919-3976
N/A	73	1948-1949	3977-4040
N/A	74	1949-1950	4041-4102
N/A	75	1950-1951	4103-4171
N/A	76	1951-1952	4172-4231
N/A	77	1952-1953	4232-4306
N/A	78	1953	4307-4377
N/A	79	1953-1954	4378-4451
N/A	80	1954-1955	4452-4524
N/A	81	1955-1956	4525-4597
N/A	82	1956	4598-4647
N/A	83	1957-1958	4649-4756
N/A	84	1958	4758-4829