Utah Code Jud. Admin. 4-801

As amended through October 28, 2024

Rule 4-801 - Filing small claims cases

Intent:

To establish a procedure for filing small claims cases in the appropriate justice court.

To require that documents in small claims cases be filed electronically.

To provide for exceptions.

Applicability:

This rule shall apply to the courts of record and not of record.

Statement of the Rule:

(1)Jurisdiction. Small claims actions shall be filed in a justice court with territorial jurisdiction. If there is no justice court with territorial jurisdiction, the case may be filed in the district court, and the plaintiff shall state why no justice court has jurisdiction. If a small claims affidavit, without the required statement, is presented for filing in a district court, the clerk shall reject it with instructions to file in a justice court with jurisdiction. If the clerk fails to reject it initially, the affidavit and filing fee shall be returned to the plaintiff when the deficiency is first noticed.

(2)Mandatory electronic filing. Except as provided in paragraph (3), pleadings and other papers filed in small claims cases shall be electronically filed using the electronic filer's interface. The electronic filer shall be an attorney of record or licensed paralegal practitioner and shall use a unique and personal identifier that is provided by the electronic filer's service provider.

(3)Exceptions.

(3)(A) Self-represented parties. A self-represented party who is not a lawyer may file pleadings and other papers using any of the following methods:

(3)(A)(i) email;

(3)(A)(ii) mail;

(3)(A)(iii) the court's MyCase interface, where applicable; or

(3)(A)(iv) in person.

(3)(B) Hardship exemption. A lawyer or licensed paralegal practitioner whose request for a hardship exemption from this rule has been approved by the Judicial Council may file pleadings and other papers using any method permitted by the Judicial Council. To request an exemption, the lawyer or licensed paralegal practitioner must submit a written request to the District Court Administrator outlining why the exemption is necessary.

Utah Code Jud. Admin. 4-801

Amended effective 9/1/2010; amended December 19, 2022, effective 12/19/2022.