Category: URSCP002

Rules of Small Claims Procedure – Effective July 18, 2016

URSCP001 General provisions.  Amend.  The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.

URSCP002 Plaintiff beginning the case.  Amend.  Title changed to include “Plaintiff.”

URSCP002A Defendant’s removal from district court.  New.  Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.

URSCP003 Service of the affidavit and summons.  Amend.  Requires language in the summons sufficient to notify a defendant of his/her removal rights.

URSCP004 Counter affidavit.  Amend.  Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.

URSCP004A  Defendant’s removal to district court.  New.  Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.

URSCP012 Appeals.  Amend.  Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury).  Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.

Supreme Court Order

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Rules of Small Claims Procedure

URSCP 1. General provisions. Permit sanctions.
URSCP 2. Beginning the case. Technical amendments.
URSCP 3. Service of the affidavit. Adopt a general service and filing requirement.
URSCP 4. Counter affidavit. Conform small claims counter affidavit rule to permissive counter affidavit statute. Effect is that counter affidavits of more than the jurisdictional amount have to be filed as claims in the regular civil docket of the district court.
URSCP 6. Pretrial. Technical amendments.
URSCP 7. Trial. Technical amendments.
URSCP 8. Dismissal. Establishes presumption that dismissal is without prejudice to conform to civil rules.
URSCP 9. Default judgment. Technical amendments.
URSCP 10. Set aside of default judgments and dismissals. Incorporate provisions from Code of Judicial Administration governing small claims cases.
URSCP 11. Collection of judgments. Establishes procedure whereby debtor request satisfaction of judgment be entered.
URSCP 12. Appeals. Incorporate provisions from Code of Judicial Administration governing small claims cases.

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