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Utah Court Records: Difference between revisions
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{{Tip|The people mentioned in court records may be relatives, in-laws, or other associates of your ancestor. Following them in other records may reveal more about your family.}}<br> | {{Tip|The people mentioned in court records may be relatives, in-laws, or other associates of your ancestor. Following them in other records may reveal more about your family.}}<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> | 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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This was an era of conflict between Mormon settlers and federal officials. Mormons 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. | This was an era of conflict between Mormon settlers and federal officials. Mormons 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 [[ | '''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 Family History Library has: | ||
''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library {{FHL|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. | ''State Department Territorial Papers,'' Utah Series National Archives Microfilm Publications, M0012. Washington D.C.: National Archives, 19--? (Family History Library {{FHL|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. | ||
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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, | 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. {{FHL|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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''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (Family History Library {{FHL|324822|title-id|disp=films 00424-25.)}} | ''Journal of Elias Smith of Salt Lake City, Utah''. Salt Lake City, Utah: Genealogical Society of Utah, 1949. (Family History Library {{FHL|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. | ||
=== State of Utah (1896 to Present) === | === State of Utah (1896 to Present) === | ||
When Utah became a state in 1896, its judicial system included a supreme court, state district courts, and justice of the peace courts. Utah Court Records less than about twenty years old can be searched from the website of the [http://www.peoplesmart.com/court-records/utah Utah Court Administrator]. Records generally less than fifty years old are available at the court. For cases more than fifty years old, check with the [[ | When Utah became a state in 1896, its judicial system included a supreme court, state district courts, and justice of the peace courts. Utah Court Records less than about twenty years old can be searched from the website of the [http://www.peoplesmart.com/court-records/utah Utah Court Administrator]. Records generally less than fifty years old are available at the court. For cases more than fifty years old, check with the [[Utah State Archives|Utah State Archives]]. Law firms and [http://www.utcourts.gov/lawlibrary/collections/computer.html law libraries] often have access to either [http://web2.westlaw.com/signon/default.wl?bhcp=1&fn=_top&newdoor=true&rs=WLW13%2E04&vr=2%2E0 Westlaw] $$ or [https://www.lexisnexis.com/start/signin?service=lexis&contractURL=https%3a%2f%2fw3.lexis.com%2fresearch2%2fauthResource.do%3f_m%3db3acc8858d18349e8117013e14d7aecc&key=_cA481E220-12BC-3332-DC86-CC736A44036F_k6BCCC37B-09D8-69FE-37F0-BC79784B131C&event=form LexisNexis] $$ for extensive case reports and abstracts, though not original records. | ||
'''The Utah Supreme Court''' is the highest state court. It has original jurisdiction over questions from federal courts. It hears appeals from the district courts, state agencies, and in some cases the court of appeals. Records are kept by the clerk of the Utah Supreme Court. Some supreme court records have been sent to the [[ | '''The Utah Supreme Court''' is the highest state court. It has original jurisdiction over questions from federal courts. It hears appeals from the district courts, state agencies, and in some cases the court of appeals. Records are kept by the clerk of the Utah Supreme Court. Some supreme court records have been sent to the [[Utah State Archives|Utah State Archives]], which has prepared a [http://archives.utah.gov/research/guides/courts-supreme.html research guide] for the Supreme Court. Cases since 1996 are on the [http://www.utcourts.gov/courts/sup/ Utah State Courts] website. | ||
'''The Utah Court of Appeals '''hears appeals from district courts. The [http://www.utcourts.gov/lawlibrary/collections/print.html Utah State Law Library] has copies of appellate decisions, also available online from 1997 or later depending on the type of case appealed. See [http://www.utcourts.gov/opinions/ Appellate Court Opinions] | '''The Utah Court of Appeals '''hears appeals from district courts. The [http://www.utcourts.gov/lawlibrary/collections/print.html Utah State Law Library] has copies of appellate decisions, also available online from 1997 or later depending on the type of case appealed. See [http://www.utcourts.gov/opinions/ Appellate Court Opinions] | ||
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'''State district courts.''' In 1896 the state was divided into seven state court districts. Through the years the district boundaries changed several times (see [http://archives.utah.gov/research/guides/courts-jurisdiction.htm chart]), up to the current eight. Courthouses are located in each county, see the [http://www.utcourts.gov/directory/ Directory] from the Utah State Courts. State district courts have jurisdiction in all criminal felonies and civil actions. Domestic relations cases such as divorces, separations, child custody, adoptions, name changes, and will and estate settlements are also handled by these courts. Also, naturalizations are handled through the district courts until around the 1930s. | '''State district courts.''' In 1896 the state was divided into seven state court districts. Through the years the district boundaries changed several times (see [http://archives.utah.gov/research/guides/courts-jurisdiction.htm chart]), up to the current eight. Courthouses are located in each county, see the [http://www.utcourts.gov/directory/ Directory] from the Utah State Courts. State district courts have jurisdiction in all criminal felonies and civil actions. Domestic relations cases such as divorces, separations, child custody, adoptions, name changes, and will and estate settlements are also handled by these courts. Also, naturalizations are handled through the district courts until around the 1930s. | ||
The Utah State Archives has a large collection of historical court records. Research guides have been prepared on these topics: | The Utah State Archives has a large collection of historical court records. Research guides have been prepared on these topics: | ||
*[http://archives.utah.gov/research/guides/courts-district.html District Court Records] - comprehensive list by district and county of all records, whether found at the Archives or at the court | *[http://archives.utah.gov/research/guides/courts-district.html District Court Records] - comprehensive list by district and county of all records, whether found at the Archives or at the court | ||
*[http://archives.utah.gov/research/guides/adoptions.htm Adoptions] | *[http://archives.utah.gov/research/guides/adoptions.htm Adoptions] | ||
*[http://archives.utah.gov/research/guides/divorce.htm Divorces] | *[http://archives.utah.gov/research/guides/divorce.htm Divorces] | ||
*[http://archives.utah.gov/research/guides/probate.htm Probates] | *[http://archives.utah.gov/research/guides/probate.htm Probates] | ||
*[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 [[ | 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. | ||
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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UTAH, [COUNTY] - DIVORCE RECORDS | UTAH, [COUNTY] - DIVORCE RECORDS | ||
UTAH, [COUNTY] - GUARDIANSHIP | UTAH, [COUNTY] - GUARDIANSHIP | ||
=== External Links === | === External Links === | ||
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{{Utah|Utah}} | {{Utah|Utah}} | ||
[[Category:Utah | [[Category:Utah]][[Category:Court records in United States]] | ||