Search Type

Inventory of Civil case files from District Court (Fifth District : Beaver County), 1896-

Series 24290

District Court (Fifth District : Beaver County) Civil case files

Dates: 1896-

40.00 cubic feet and 64 microfilm reels

These records are housed in the Utah State Archives' permanent storage room.

Scope and Content

These case files from the Fifth District Court in Beaver County document the legal process and the administration of justice in conjunction with a civil proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed. Included are all cases which cannot legally be called "criminal cases". Records and documents pertaining to a particular action are filed together by the court clerk, who is required by the Rules of Civil Procedure to file pleadings and other legal papers. Collectively they constitute the case file.

A civil action commences with the filing of a complaint with the court or by service to the defendant of a summons together with a copy of the complaint. A unique case number is assigned by the court when the papers are filed with the clerk. The case file for a particular action includes the original complaint or summons together with all legal papers subsequently filed in connection with thecourt proceeding through disposition or dismissal. Included are such documents as: depositions (or written testimony), demurrers (which are pleas for the dismissal of a lawsuit on the grounds that even if the statements of the opposition are true, they do not sustain the claim), interrogatories (a pretrial discovery tool in which written questions are propounded by one party and served to the adversary, who must answer by written replies made under oath), answers, counter claims, replies, motions, petitions, affidavits (written statements made under oath before an officer of the court, notary public, or other authorized person), stipulations (an agreement between attorneys that concerns business before a court and is designed to simplify, shorten, or settle litigation and save costs), exhibit documents (written contracts, bills, receipts, etc.), notices, objections, citations, sheriff's certificates, judge's orders and rulings, judge's instructions to the jury, judge's findings offact and conclusions of law, final decrees, judgments, and executions (the process of carrying into effect a court's judgment, decree, or order).

Demurrers, pleas, and exceptions for insufficiency were abolished in 1953. Transcripts (an official and certified copy of what transpired in court or at an out-of-court deposition) and exhibits (items of real evidence) are not included in the case files.

Petitions for divorce are the predominant type of action in the civil case files. Suits to recover money are also common. These actions arise out of failure to honor promissory notes or other contract terms and non- payment of rent, lease payments, and court-ordered judgments. Attempts by plaintiffs to recover medical costs and lost income arising out of personal injury cases resulting from alleged carelessness or neglect appear frequently. These include traffic mishaps or accidents involving neighbors, employees, or business customers. Property cases include disputed ownership, damage,and contested improvements.

Legal actions include voluntary withdrawal or dissolution of corporations as well as petitions for a writ of habeas corpus (a court order requiring that a prisoner be brought before a judge to decide the legality of his detention or imprisonment). Court business (grand jury lists and reports, orders summoning persons to serve as jurors, various writs, etc.) have also been assigned civil case numbers.

According to statute, the district court has jurisdiction in all civil matters not excepted by the state constitution and not prohibited by law. During each calendar year the court is required to hold at least three terms at the county seat of each county within the district. The county clerk in each county serves as ex- officio clerk to the court and is responsible for maintaining the case files for actions arising in that county.

Responsibility for cases involving minimal monetary claims was reassigned to the newly created small claims departments ofinferior courts in 1933. When inferior courts have original jurisdiction, the district court is limited to hearing appeals. Included are violations of city and town ordinances, as well as minor traffic laws, where a City Court or Justice of the Peace Court is established. Upon receipt of an appeal, the district court conducts a complete retrial of the case.

Gaps in Series

There are many gaps throughout this series with a notably large run of gaps between 1953 and 1956. The case files to fill these gaps were not found in the court and are presumed to be lost.

Research Note

The earliest case files kept by the court were housed in tri-fold jackets. These tri-fold jackets often contain the case file number, however many of the early cases are missing their jackets and will need to be identified by defendant name.

Research Note

Access Restrictions

This series is designated as Public.

Reproduction and Use

These records are available for reproduction and use.

Related Records

Judgment record books from the District Court (Fifth District : Beaver County), Series 13138, contains the case files documented in the judgments recorded in this series.

General indexes to actions from the District Court (Fifth District : Beaver County), Series 24546, contains index books for cases cited in the civil registers between 1896 and 1925.

Case indexes from the District Court (Fifth District : Beaver County), Series 24549, is comprised of index books for civil and criminal cases heard in the court between 1896 and 1998.

Civil registers of actions from the District Court (Fifth District : Beaver County), Series 24551, record the date any action was taken on a case and briefly state what that action was.

REEL	BOX	DATE	DESCRIPTION
1	1	1896 - 1897	1-38
2	1	1898	39-64
2	2	1898	65-67
3	2	1898 - 1900	68-93
4	2	1900 - 1902	94-119
4	3	1902	120-122
5	3	1903	123-152
6	3	1903	153-164
6	4	1903	165-183
7	4	1904 - 1905	184-212
7	5	1905	213-220
8	5	1905 - 1906	221-253
9	5	1906 - 1907	254-269
9	6	1906 - 1907	270-285
10	6	1907 - 1909	286-323
11	6	1909 - 1910	324-330
11	7	1909 - 1910	331-380
12	7	1910 - 1911	381-400
12	8	1911	401-429
13	8	1911 - 1912	430-458
13	9	1911 - 1912	459-466
14	9	1912 - 1913	467-507
15	9	1914	508-522
15	10	1914	523-532
16	10	1914 - 1915	533-563
16	11	1914 - 1915	564-567
17	11	1915	568-600
17	12	1915	601-605
18	12	1916	606-624
pending	41
pending	42	1916 - 1961	625
18	12	1916	626-645
19	12	1917 - 1918	646-653
19	13	1917 - 1918	654-674
20	13	1918	675-697
21	13	1918	698-699
21	14	1918	700-729
22	14	1918	730-746
22	15	1918	747-752
23	15	1918 - 1920	753-785
24	15	1918 - 1920	786-803
24	16	1918 - 1920	804-828
25	16	1918 - 1920	829-868
25	17	1918 - 1920	869-880
26	17	1920	881-933
27	17	1920 - 1921	934-946
27	18	1920 - 1921	947-979
28	18	1921 - 1922	980-1023
29	19	1922	1024-1085
30	19	1923	1086-1099
30	20	1923	1100-1147
31	20	1924	1148-1169
31	21	1924 - 1925	1170-1204
32	21	1925 - 1926	1205-1246
33	21	1926	1247-1249
33	22	1926	1250-1280
34	22	1926 - 1928	1281-1325
35	23	1928	1326-1362
36	23	1928 - 1929	1363-1379
36	24	1928 - 1929	1380-1398
37	24	1929 - 1930	1399-1425
37	25	1929 - 1930	1426-1431
38	25	1929 - 1930	1432-1483
38	26	1929 - 1930	1484-1487
39	26	1930	1488-1535
40	26	1930 - 1932	1536-1554
40	27	1930 - 1932	1555-1574
41	27	1932	1575-1593(E)
42	27	1932	1593(F)
42	28	1932	1594-1610
43	28	1932 - 1933	1611-1651
44	28	1933	1652-1654
44	29	1933	1655-1671
45	29	1933 - 1934	1672-1707
46	29	1934 - 1935	1708-1714
46	30	1934 - 1935	1715-1743
47	30	1935	1744-1772
47	31	1935	1773-1780
48	31	1935 - 1936	1781-1813
49	31	1936 - 1937	1814-1838
49	32	1936 - 1937	1839-1845
50	32	1936 - 1937	1846-1890
51	32	1937 - 1938	1891-1935
51	33	1937 - 1938	1936-1939
52	33	1938 - 1939	1940-2010
53	33	1939 - 1940	2011-2052
53	34	1939 - 1940	2053-2059
54	34	1940 - 1942	2060-2148
55	34	1942 - 1945	2149-2176
55	35	1942 - 1945	2177-2248
56	35	1945 - 1947	2249-2298
56	36	1945 - 1947	2299-2307
57	36	1947 - 1948	2308-2369
58	36	1948 - 1949	2370-2403
58	37	1948 - 1949	2404-2447
59	37	1949 - 1951	2448-2527
59	38	1949 - 1951	2528-2541
60	38	1951 - 1953	2542-2662
60	39	1953	2663
61	39	1956	2800-2806
62	39	1956 - 1958	2807-2812
62	40	1958 - 1959	2813-2919
63	40	1958 - 1959	2920-2952