Utah Courts
UCJA Rule 6-701 (Code of Judicial Administration)
UCJA Rule 6-701 (Code of Judicial Administration)
The Utah Code of Judicial Administration Chapters 11-15 have been moved to the Supreme Court Rules of Professional Practice Chapters 1-5
Rule 6-701. Debt Collection and Housing Division
Intent:
To establish a division within the district court for the efficient management of debt collection and housing actions pursuant to Utah Code section 78A-5-103 (effective Jan. 1, 2027).
Applicability:
This rule applies to a division established within the district court for debt collection and housing
actions.
Statement of the Rule:
(1) Definitions.
(1)(A) “District Board” is as defined in Rule 3-201.01.
(1)(B) “Division” means the Debt Collection and Housing Action Division within the district court.
(1)(C) “Division Commissioner” is as defined in Rule 3-201.01.
(1)(D) “Debt collectioncase” means a civil action filed in the district court on or after January 1, 2027 that asserts only claims arising from any obligation or alleged obligation to pay money arising out of a transaction for money, property, insurance, or other services, whether or not such obligation has been reduced to judgment, and the only relief sought is money damages totaling less than $25,000, exclusive of attorneys fees and costs.
(1)(E) “Housing action” means a civil action filed in the district court that asserts a claim for forcible entry and detainer as described in Utah Code title 78B, chapter 6, part 8, Forcible Entry and Detainer.
(1)(F) “Pretrial case processing” means after a defendant has appeared in the case, deciding motions, conducting hearings pursuant to Utah Code title 78B, chapter 6, part 8, Forcible Entry and Detainer, deciding statements of discovery issues, conducting pretrial hearings, and other pretrial scheduling and management of the case until the case is certified ready for trial.
(1)(G) “Post-judgment case processing” means after a judgment has entered, conducting hearings and deciding post-judgment motions and petitions except for motions under Rule 59 of the Utah Rules of Civil Procedure, which must be heard by the district court judge assigned to the case. This includes, but is not limited to, motions pursuant to Rule 60 of the Utah Rules of Civil Procedure, applications for writs, procedures in aid of writs, and motions to renew judgment pursuant to Rule 58C of the Utah Rules of Civil Procedure.
(2) The Division is established for the efficient management of debt collection and housing actions. The existence of the Division may not impede public access to the courts.
(3) Debt collection cases and housing actions as defined herein will be filed and managed within the Division by both district court judges and Division Commissioners pursuant to this Code or rules promulgated by the Utah Supreme Court. Division Commissioners may be assigned cases for pretrial and post-judgment case processing as defined herein. If recommended by the District Board, the Council may authorize the assignment of other matters to Division Commissioners.
(4) Once a case is certified ready for trial, the Division Commissioner will refer the case to the assigned district court judge.
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