Series 4419

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

Dates: 1896-

68 microfilm reels

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

Scope and Content

These case files from the Seventh District Court in Emery 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

Many of these reels contain case file re-takes and additional fillings, which are located at the front of the reel. This may initially make the case range and date range appear out of order. However the ranges are correct as cited in the container list.

Related Records

Civil registers of actions from the District Court (Seventh District : Emery County), Series 12319, record the date any action was taken on a case and briefly state what that action was.

Judgment record books from the District Court (Seventh District : Emery County), Series 12320, contains the entire case file documented in the judgments recorded in this series.

Judgment dockets from the District Court (Seventh District : Emery County), Series 12426, contains the entire case file relating to the judgments issued in these docket books.

Civil case index from the District Court (Seventh District : Emery County), Series 22680, contains index books for civil cases heard in the court between 1896 and 1964.

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

Cases 6, 15, 36, 55, 72, 115, 116, 118, 119, 120, 124, 142, 144, 146, 155, 157, 184, 185, 223, 249, 330, 344, 351, 446, 466, and 3048-3119 are missing.

Processing Note

The container list was drafted and preliminary processing completed by Allen Clark in 2008. Final finding aid was drafted by Jim Kichas in June 2008.

Indexing Terms

Container List

REEL	DATE	DESCRIPTION
1	1896-1898	1-18
2	1896-1898	18-66
3	1898-1903	66-139
4	1903-1909	140-209
5	1909-1912	210-281
6	1912-1914	281-339
7	1914-1915	339-425
8	1915-1916	426-478
9	1916-1917	479-550
10	1917-1919	550-625
11	1919	626-654
12	1919-1920	655-683
13	1920-1921	684-735
14	1921-1922	735-789
15	1922-1924	790-844
16	1924	845-896
17	1924-1925	896-942
18	1925-1926	943-994
19	1926-1928	995-1054
20	1928-1930	1055-1111
21	1930-1932	1112-1162
22	1932-1934	1163-1204
23	1934-1936	1204-1277
24	1935	1278-1330
25	1937-1938	1331-1387
26	1938-1942	1388-1435
27	1942	1435-1477
28	1942-1944	1478-1529
29	1945	1530-1558
30	1945-1947	1559-1613
31	1947-1948	1614-1676
32	1948-1950	1677-1749
33	1949	1713
34	1950-1951	1750-1812
35	1951-1953	1812-1865
36	1953-1955	1866-1909
37	1955	1909-1962
38	1954-1955	1963-2017
39	1955-1956	2018-2077
40	1956-1957	2078-2141
41	1957-1958	2141-2202
42	1958-1959	2203-2237
43	1959-1960	2238-2299
44	1960	2300-2321
45	1961	2322-2370
46	1961-1963	2371-2434
47	1963	2435-2439
48	1963-1964	2440-2487
49	1964-1965	2488-2543
50	1965-1967	2544-2611
51	1967-1968	2612-2654
52	1968-1971	2655-2782
53	1972-1973	2783-2887
54	1973-1974	2887-2968
55	1974-1975	2968-3047
56	1977	3120-3226
57	1977	3227-3329
58	1977-1978	3330-3439
59	1978	3439-3540
60	1978-1979	3541-3653
61	1979-1980	3654-3746
62	1980	3746-3853
63	1980-1981	3853-3937
64	1981	3937-4014
65	1981-1982	4014-4087
66	1982	4088-4177
67	1982	4178-4252