Utah Department of Administrative Services

Division of Archives & Records Service

Series 4419

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

Dates: 1896-

68 microfilm reelsSkip to Containers

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