Utah Courts
SRPE Rule 7 (Rules of Small Claims Procedure)
SRPE Rule 7 (Rules of Small Claims Procedure)
Rule 7. Trial.
(a) All parties must bring to the trial all documents related to the controversy regardless of whose position they support.
(b) Parties may have witnesses testify at trial and bring documents. To require attendance by a witness who will not attend voluntarily, a party must subpoena the witness. The clerk of the court or a party's attorney may issue a subpoena pursuant to Utah Rule of Civil Procedure 45. The party requesting the subpoena is responsible for service of the subpoena and payment of any fees. A subpoena must be served at least 5 business days prior to trial.
(c) The judge will conduct the trial and question the witnesses. The trial will be conducted in such a way as to give all parties a reasonable opportunity to present their positions. The judge may allow parties or their counsel to question witnesses.
(d) The judge may receive the type of evidence commonly relied upon by reasonably prudent persons in the conduct of their business affairs. The rules of evidence shall not be applied strictly. The judge may allow hearsay that is probative, trustworthy and credible. Irrelevant or unduly repetitious evidence shall be excluded.
(e) After trial, the judge shall decide the case and direct the entry of judgment. No written findings are required. The clerk of the court will serve all parties present with a copy of the judgment.
(f) Costs will be awarded to the prevailing party and to plaintiff in an interpleader action unless the judge otherwise orders.
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