Utah Department of Administrative Services

Division of Archives & Records Service

Series 18195

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

Dates: 1896-

45.00 cubic feet and 69 microfilm reelsSkip to Containers

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