District Court (Seventh District : Emery County) Civil case files
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.
Numerical by case number.
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.
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.
This series is available on microfilm.
This series is classified as Public.
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.
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.
Page Last Updated October 18, 2012.