Section 101 – Creation.

78A-8-101. Creation. There is created a limited jurisdiction division of the district and justice courts designated small claims court. Amended by Chapter 205, 2012 General Session

Section 102 – Small claims — Defined — Counsel not necessary — Removal from district court — Deferring multiple claims of one plaintiff — Supreme Court to govern procedures.

Effective 5/4/2022 78A-8-102. Small claims — Defined — Counsel not necessary — Removal from district court — Deferring multiple claims of one plaintiff — Supreme Court to govern procedures. (1) A small claims action is a civil action: (a) for the recovery of money when: (i) the amount claimed does not exceed: (A) on or […]

Section 103 – Assignee may not file claim.

78A-8-103. Assignee may not file claim. A claim may not be filed or prosecuted in small claims court by any assignee of a claim. Renumbered and Amended by Chapter 3, 2008 General Session

Section 104 – Object of small claims — Attachment, garnishment, and execution.

78A-8-104. Object of small claims — Attachment, garnishment, and execution. (1) The hearing in a small claims action has the sole object of dispensing speedy justice between the parties. The record of small claims proceedings shall be as provided by rule of the Judicial Council. (2) Attachment, garnishment, and execution may issue after judgment as […]

Section 105 – Civil filing fees.

78A-8-105. Civil filing fees. (1) Except as provided in this section, the fees for a small claims action in justice court shall be the same as provided in Section 78A-2-301. (2) Fees collected in small claims actions filed in municipal justice court are remitted to the municipal treasurer. Fees collected in small claims actions filed […]

Section 106 – Appeals — Who may take and jurisdiction.

Effective 5/9/2017 78A-8-106. Appeals — Who may take and jurisdiction. (1) Either party may appeal the judgment in a small claims action to the district court of the county by filing a notice of appeal in the original trial court within 28 days of entry of the judgment. If the judgment in a small claims […]

Section 107 – Costs.

78A-8-107. Costs. The prevailing party in any small claims action is entitled to costs of the action and also the costs of execution upon a judgment rendered therein. Renumbered and Amended by Chapter 3, 2008 General Session

Section 108 – Evening hours — Judges pro tempore.

78A-8-108. Evening hours — Judges pro tempore. (1) The district or justice court may request that the Supreme Court appoint a member of the Utah State Bar in good standing, with the member’s consent, as judge pro tempore to hear and determine small claims at times, including evening sessions, to be set by the court. […]

Section 109 – Report to Judiciary Interim Committee.

78A-8-109. Report to Judiciary Interim Committee. The Judicial Council shall present to the Judiciary Interim Committee, if requested by the committee, a report and recommendation concerning the maximum amount of small claims actions. Amended by Chapter 51, 2011 General Session