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Utah Court Records: Difference between revisions
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''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=41801&disp=State+Department+territorial+papers%2C+U%20%20&columns=*,0,0 film 491567].) These papers cover 1853 to 1873. This collection contains a few supreme court records that were sent to Washington, D.C. | ''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=41801&disp=State+Department+territorial+papers%2C+U%20%20&columns=*,0,0 film 491567].) These papers cover 1853 to 1873. This collection contains a few supreme court records that were sent to Washington, D.C. | ||
'''Federal 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. Judges held court on a rotating basis in the counties. The federal district courts had jurisdiction over criminal, civil, and common law cases, including chancery, mining claim controversies, naturalization, estate | '''Federal 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. Judges held court on a rotating basis in the counties. The federal 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. | ||
The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has many polygamy cases and various other crimes. | The following record covers the courts in Salt Lake City, Ogden, Provo, and Beaver. The record has many polygamy cases and various other crimes. | ||
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. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=479948&disp=Case+files+of+the+U%2ES%2E+district+cour%20%20&columns=*,0,0 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. | |||
The responsibilities of the federal district courts were transferred in 1896 to the state district courts. | The responsibilities of the federal district courts were transferred in 1896 to the state district courts. | ||
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Many of the records were sent to the county clerk. However, some early probate judges kept their records in their homes or offices. You may find a few of these personal collections at major Utah archives and libraries. Most are arranged by date and are not indexed. | Many of the records were sent to the county clerk. However, some early probate judges kept their records in their homes or offices. You may find a few of these personal collections at major Utah archives and libraries. Most are arranged by date and are not indexed. | ||
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 performed. It is not indexed. | 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. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=324822&disp=Journal+of+Elias+Smith+of+Salt+Lake+City%20%20&columns=*,0,0 films 00424-25.)] | ''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (Family History Library [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=324822&disp=Journal+of+Elias+Smith+of+Salt+Lake+City%20%20&columns=*,0,0 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. | ||
=== State of Utah (1896 to Present) === | === State of Utah (1896 to Present) === | ||