Utah Department of Administrative Services

Division of Archives & Records Service

Series 3638

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

Dates: 1887-

84.00 cubic feet and 12 microfilm reelsSkip to Containers

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