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''[[United States]] [[Image:Gotoarrow.png]] [[Utah]] [[Image:Gotoarrow.png]] Utah Court Records<br> | |||
Many of your ancestors will be found in court records perhaps as defendants, plaintiffs, witnesses, or jurors. They may have participated in cases involving probate, naturalization, divorce, debt, adoption, guardianship, licenses, appointment to public offices, taxes, civil and criminal lawsuits, property disputes, crimes, or other matters brought before a court. Court records can establish family relationships and places of residence. They often provide occupations, descriptions of individuals, and other family history information. | Many of your ancestors will be found in court records perhaps as defendants, plaintiffs, witnesses, or jurors. They may have participated in cases involving probate, naturalization, divorce, debt, adoption, guardianship, licenses, appointment to public offices, taxes, civil and criminal lawsuits, property disputes, crimes, or other matters brought before a court. Court records can establish family relationships and places of residence. They often provide occupations, descriptions of individuals, and other family history information. | ||
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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. (Family History Library {{FHL|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. | Firmage, Edwin Brown and Richard C. Mangrum. ''Zion in the Courts''. Urbana Illinois: University of Illinois Press, 1988. (Family History Library {{FHL|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) === | ||
The provisional government was created to provide a temporary civil government. Under this government the Utah Supreme Court and justices of the peace, and county courts were created in January 1850. Alderman's, municipal, and probate courts were created in January 1851. Because of communication delays between Washington, D.C. and Salt Lake City, the provisional government continued to function for nearly a year after the Organic Act created the Territory of Utah in 1850. With the exception of a few scattered documents, the judicial court records for the provisional government do not exist or have not been located. | The provisional government was created to provide a temporary civil government. Under this government the Utah Supreme Court and justices of the peace, and county courts were created in January 1850. Alderman's, municipal, and probate courts were created in January 1851. Because of communication delays between Washington, D.C. and Salt Lake City, the provisional government continued to function for nearly a year after the Organic Act created the Territory of Utah in 1850. With the exception of a few scattered documents, the judicial court records for the provisional government do not exist or have not been located. | ||
=== Territory of Utah (1850-1896) === | === Territory of Utah (1850-1896) === | ||
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'''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. | ||
[[Utah, Territorial Case Files of the U.S. District Courts (FamilySearch Historical Records)]] | [[Utah, Territorial Case Files of the U.S. District Courts (FamilySearch Historical Records)]] | ||
=== State of Utah (1896 to Present) === | === State of Utah (1896 to Present) === | ||
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'''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. | ||
Justices of the peace maintain their own records. These may be kept at the county courthouse or at the justice's home or office. By law, justices of the peace are required to give their records to their successors. An effective way to locate justice of the peace records is to contact the county clerk. The records of marriages performed by justices of the peace are in county clerk's office. | Justices of the peace maintain their own records. These may be kept at the county courthouse or at the justice's home or office. By law, justices of the peace are required to give their records to their successors. An effective way to locate justice of the peace records is to contact the county clerk. The records of marriages performed by justices of the peace are in county clerk's office. | ||
=== Federal Court Records (1896 to present) === | === Federal Court Records (1896 to present) === | ||
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*http://www.archives.state.ut.us/main/ | *http://www.archives.state.ut.us/main/ | ||
{{Utah|Utah}} | {{Utah|Utah}} | ||
[[Category:Utah|Court]] | [[Category:Utah|Court]] | ||