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| link1=[[United States Genealogy|United States]] | |||
| link2=[[United States Court Records|U.S. Court Records]] | |||
| link3=[[Utah, United States Genealogy|Utah]] | |||
| link4= | |||
| link5=[[Utah Court Records|Court Records]] | |||
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=== Online Resources === | |||
*[http://archives.utah.gov/research/indexes/ Utah Department of Administrative Services Division of Archives & Records Service Name Indexes] | |||
*'''1870-1896''' {{RecordSearch|1854318|Utah, Territorial Case Files of the U.S. District Courts, 1870-1896}} - [[Utah, Territorial Case Files of the U.S. District Courts - FamilySearch Historical Records|How to Use this Collection]]; Index and images. | |||
*[https://www.fold3.com/title/484/utah-territorial-case-files Utah Territorial Case Files] criminal and civil at Fold3.com | |||
*{{RecordSearch|2001084|Utah, State Archives Records, 1848-2001}}, index & images. | |||
*[http://search.ancestry.com/search/db.aspx?dbid=6895 Utah, Third District Court Criminal Case Files Index, 1882-1916] ($) | |||
*[https://www.blacksheepancestors.com/united-states/utah/ Black Sheep Ancestors - Utah] | |||
=== Your Ancestors and Court Records === | === Your Ancestors and Court Records === | ||
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Utah's court system has been influenced by four governmental eras: ecclesiastical, provisional, territorial, and state. The following information will help you understand more about each era and its judicial court system. <br> | Utah's court system has been influenced by four governmental eras: ecclesiastical, provisional, territorial, and state. The following information will help you understand more about each era and its judicial court system. <br> | ||
Common record types include case files, docket books, registers of action, and minutes. Most case files are arranged by case file number, which can be obtained from court indexes or registers and dockets containing name indexes. | Common record types include case files, docket books, registers of action, and minutes. Most case files are arranged by case file number, which can be obtained from court indexes or registers and dockets containing name indexes. | ||
=== Ecclesiastical (1847-1849) === | === Ecclesiastical (1847-1849) === | ||
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Before the provisional government was organized, The Church of Jesus Christ of Latter-day Saints provided the only government structure. Although this era officially ended in 1849, civil and criminal cases were handled in Church courts until about 1890, and until 1910 in some Utah communities. | Before the provisional government was organized, The Church of Jesus Christ of Latter-day Saints provided the only government structure. Although this era officially ended in 1849, civil and criminal cases were handled in Church courts until about 1890, and until 1910 in some Utah communities. | ||
Church court records are interfiled in Church records at the Church History Library of the Church of Jesus Christ of Latter-day Saints. See the [[Tracing | Church court records are interfiled in Church records at the Church History Library of the Church of Jesus Christ of Latter-day Saints. See the [[Tracing Latter-day Saint Ancestors|Tracing Latter-day Saint Ancestors]] for information about their Church records. | ||
A legal history of The Church of Jesus Christ of Latter-day Saints, 1830–1900 is in: | A legal history of The Church of Jesus Christ of Latter-day Saints, 1830–1900 is in: | ||
Firmage, Edwin Brown and Richard C. Mangrum. ''Zion in the Courts''. Urbana Illinois: University of Illinois Press, 1988. ( | Firmage, Edwin Brown and Richard C. Mangrum. ''Zion in the Courts''. Urbana Illinois: University of Illinois Press, 1988. (FamilySearch Library {{FSC|632008|title-id|disp=book 289.309 F516z}}.) This book covers the time period when Church and civil courts overlapped. It is indexed and includes a bibliography. | ||
=== Provisional Government of the State of Deseret (1849-1850) === | === Provisional Government of the State of Deseret (1849-1850) === | ||
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When the territory was created in 1850, the Utah Supreme Court, territorial district courts, county probate courts, and justice of the peace courts were established. They began functioning 22 September 1851. | When the territory was created in 1850, the Utah Supreme Court, territorial district courts, county probate courts, and justice of the peace courts were established. They began functioning 22 September 1851. | ||
This was an era of conflict between | This was an era of conflict between Latter-day Saint settlers and federal officials. Latter-day Saints tended to continue using the Church courts and local probate courts. Many polygamy cases of the 1870s and 1880s were drawn into the federal district courts. | ||
'''Territorial Supreme Court.''' The Utah Territorial Supreme Court had jurisdiction over extraordinary writs and appeals from district courts. The [[Utah State Archives|Utah State Archives]] has records plus a [http://archives.utah.gov/research/guides/courts-supreme.html research guide] on how to use them. The | '''Territorial Supreme Court.''' The Utah Territorial Supreme Court had jurisdiction over extraordinary writs and appeals from district courts. The [[Utah State Archives|Utah State Archives]] has records plus a [http://archives.utah.gov/research/guides/courts-supreme.html research guide] on how to use them. The FamilySearch Library has: | ||
''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? ( | ''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (FamilySearch Library {{FSC|41801|title-id|disp=film 491567}}.) These papers cover 1853 to 1873. This collection contains a few supreme court records that were sent to Washington, D.C. | ||
'''Territorial district courts.''' In 1850, the Utah Territory was divided into three judicial districts. Each county was assigned to a district. A fourth district was added in 1892. To determine which district a county is in at a particular time, consult this [http://archives.utah.gov/research/guides/courts-jurisdiction.htm Historical Jurisdiction Chart] from the Utah State Archives. Judges held court on a rotating basis in the counties. The district courts had jurisdiction over criminal, civil, and common law cases, including chancery, mining claim controversies, naturalization, estate settlements, guardianships, adoptions, divorces, and violation of polygamy laws. | '''Territorial district courts.''' In 1850, the Utah Territory was divided into three judicial districts. Each county was assigned to a district. A fourth district was added in 1892. To determine which district a county is in at a particular time, consult this [http://archives.utah.gov/research/guides/courts-jurisdiction.htm Historical Jurisdiction Chart] from the Utah State Archives. Judges held court on a rotating basis in the counties. The district courts had jurisdiction over criminal, civil, and common law cases, including chancery, mining claim controversies, naturalization, estate settlements, guardianships, adoptions, divorces, and violation of polygamy laws. | ||
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The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has primarily polygamy cases removed from Utah courts in the 19th century. | The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has primarily polygamy cases removed from Utah courts in the 19th century. | ||
United States District Court (Utah). ''Case Files of the U.S. District Courts for the Territory of Utah 1870-1896''. National Archives Microfilm Publications, M1401. Washington, D.C.: National Archives, 1985. [http://www.fold3.com Fold3.com] $ [[Utah, Territorial Case Files of the U.S. District Courts | United States District Court (Utah). ''Case Files of the U.S. District Courts for the Territory of Utah 1870-1896''. National Archives Microfilm Publications, M1401. Washington, D.C.: National Archives, 1985. [http://www.fold3.com Fold3.com] $ [[Utah, Territorial Case Files of the U.S. District Courts - FamilySearch Historical Records|(index)]] has copies of the Utah Territorial Case files digitized from the Denver Branch of the National Archives. {{FSC|479948|title-id|disp=films 1616325-62}}. These records are indexed by defendant and plaintiff on the first film. The index lists the individual's name, the case file number and the microfilm roll number. The cases were rearranged alphabetically by the initial letter of the defendant's last name then renumbered and are not chronological. <br> | ||
The responsibilities of the territorial district courts were transferred in 1896 to the state district courts. | The responsibilities of the territorial district courts were transferred in 1896 to the state district courts. | ||
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One example is a journal of Elias Smith, a probate judge for Salt Lake County between 1852 and 1882. In his journals he wrote about the court cases where he ruled, and marriages he performed. It is not indexed. See: | One example is a journal of Elias Smith, a probate judge for Salt Lake County between 1852 and 1882. In his journals he wrote about the court cases where he ruled, and marriages he performed. It is not indexed. See: | ||
''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. ( | ''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (FamilySearch Library {{FSC|324822|title-id|disp=films 00424-25.)}} | ||
'''Justice of the peace courts'''. Justices of the peace performed marriages and had limited jurisdiction for civil and criminal cases and small claims. Appeals were made to the probate courts until 1874 and to the federal district courts after that date. A justice of the peace could have served a county, precinct, city, or town. The territorial records overlap with the state justice of peace records described below. Many of the records have been destroyed or are difficult to locate. You may check with the court for the records. If they are not available at the court, the records could be with the personal papers of the justice of the peace. These may be found in libraries, family possession, or museums. | '''Justice of the peace courts'''. Justices of the peace performed marriages and had limited jurisdiction for civil and criminal cases and small claims. Appeals were made to the probate courts until 1874 and to the federal district courts after that date. A justice of the peace could have served a county, precinct, city, or town. The territorial records overlap with the state justice of peace records described below. Many of the records have been destroyed or are difficult to locate. You may check with the court for the records. If they are not available at the court, the records could be with the personal papers of the justice of the peace. These may be found in libraries, family possession, or museums. | ||
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*[http://archives.utah.gov/research/guides/naturalizations.htm Naturalizations] | *[http://archives.utah.gov/research/guides/naturalizations.htm Naturalizations] | ||
FamilySearch has digitized the probate records of many Utah counties mostly before 1930. They are split between [[Utah County Probate Records | FamilySearch has digitized the probate records of many Utah counties mostly before 1930. They are split between [[Utah County Probate Records - FamilySearch Historical Records|Utah Probate Records, 1851-1961]] and [[Utah, State Archives Records - FamilySearch Historical Records|Utah State Archives Records, 1848-2001]]. | ||
'''Justices of the peace (1896 to present)'''. There are two classes of justices of the peace in Utah: county justices who serve in county divisions called precincts, and municipal justices who serve in cities or towns. Justices of the peace perform marriages and have jurisdiction in misdemeanors and civil cases of less than $1,000. Appeals are sent to the circuit courts. | '''Justices of the peace (1896 to present)'''. There are two classes of justices of the peace in Utah: county justices who serve in county divisions called precincts, and municipal justices who serve in cities or towns. Justices of the peace perform marriages and have jurisdiction in misdemeanors and civil cases of less than $1,000. Appeals are sent to the circuit courts. | ||
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Early records of the district court were sent to the [http://www.archives.gov/denver/ National Archives—Denver Branch]. Recent records are at the [http://www.archives.gov/kansas-city/ Central Division Office] which also has the docket books from the 1920s to the present plus naturalization records. | Early records of the district court were sent to the [http://www.archives.gov/denver/ National Archives—Denver Branch]. Recent records are at the [http://www.archives.gov/kansas-city/ Central Division Office] which also has the docket books from the 1920s to the present plus naturalization records. | ||
Original court records are usually found at the county clerk's or court recorder's office. Check the Internet for the current addresses and jurisdictions of courts. City directories also give addresses and phone numbers for the courts. Many records have been sent to the Utah State Archives. The | Original court records are usually found at the county clerk's or court recorder's office. Check the Internet for the current addresses and jurisdictions of courts. City directories also give addresses and phone numbers for the courts. Many records have been sent to the Utah State Archives. The FamilySearch Library has copies of some records. Court records available in the library are listed in the catalog under varying topics. Many times the records from the different types of courts are kept together and overlap time periods. Most records will be found under each topic they cover. They may be found in the Place Search of the FamilySearch Catalog under: | ||
UTAH - COURT RECORDS | UTAH - COURT RECORDS | ||
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{{Utah|Utah}} | {{Utah|Utah}} | ||
[[Category:Utah]][[Category:Court records | [[Category:Utah, United States]][[Category:Court records by U.S. state]] | ||
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