Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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Posted: April 26, 2010
CJA 03-0101. Judicial nominating commissions. Repeal. Under HB 289, the Judicial Council no longer has authority for rules regulating Judicial Nominating Commissions.
CJA 04-0202.03. Records access. Amend. Resolve a conflict with URCP 107(a).
CJA 04-0801. Transfer of small claims cases. Amend. Require filing small claims cases in justice courts. Proposed effective date: September 1, 2010.
I don’t know how this works at other courts, but we have one clerk that does small claims and we probably generate about 62,000 dollars a year from it. By discontinuing it at the Provo 4th District Court wont we just be decreasing our state revenue?
The rule states that a small claims case may be filed in a court of record if there is no justice court with jurisdiction, but then states that all small claims cases filed in a court of record “shall” be returned to the plaintiff. Unless I am misreading it, there is no mechanism for a plaintiff to invoke its right to file in a court of record where there is no justice court with jurisdiction.