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Utah Court Records

Utah Court Records

1847 - 1849 Ecclesiastical Courts - Before the Provisional Government was organized in 1849, the Church of Jesus Christ of Latter-day Saints provided the only government structure. Although this era officially ended in 1849, civil and criminal cases were handled in Church courts until about 1890, and to 1910 in some southern Utah communities.
Church court records are interfiled with ecclesiastical matters in Church council records at the Historical Department of the LDS Church and are confidential. Some court cases are recorded in the pre-1877 membership records.

1849 - 1850 Provisional Government of the State of Deseret - The Provisional Government was created to provide a temporary civil government. Under this government a Supreme Court and justice 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.

Additional court information is also found in the records of county governments kept by the county clerk. These records contain administrative information such as the minutes of county meetings, tax records, bonds submitted by elected officials, oaths of office, appointments, and the names of jurors. The pre-1896 and some later records also contain information normally found in judicial court records such as guardianship cases and the names of new citizens. The original records are found at the county clerk's office and the Utah State Archives.

Territorial Court Records

1850-1896 The Organic Act of 1850 established the Supreme Court. The Supreme Court had jurisdiction over extraordinary writs and appeals from federal district courts. The Utah State Archives has the Supreme Court records.

1850-1896 The Organic Act of 1850 established 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 settlement, guardianships, adoption, divorce, and violation of polygamy laws.
The original federal district court records may be found at the county clerk's office, the Utah State Archives, or the National Archives-Denver Branch.
The responsibilities of the federal district courts were transferred in 1896 to the state district courts.

1850-1896 The Organic Act of 1850 established probate courts. The territorial probate courts were created in 1850. They were given concurrent jurisdiction with the federal district courts in 1852. Appeals were sent to the federal district courts. The Poland Act of 1874 confined the courts' jurisdiction to matters pertaining to estates, guardianships, and divorce. The Edmunds-Tucker Act of 1887 revoked their jurisdiction over divorce cases. The probate courts were abolished in 1896.
Most of the existing original probate court records are found in the county clerk's office or the Utah State Archives. Some early probate judges kept their records in their homes or offices. Many of these records have been lost or are difficult to locate. A few of these personal collections may be found at major Utah archives and libraries.

1850-1896 The Organic Act of 1850 established 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.
Many of the records have been destroyed or are difficult to locate. Some justices kept records in their personal journals. Original justice of the peace records may be found at county clerk's offices and other repositories in Utah.

State Court Records

1896 to present. The Utah Supreme Court is the highest state court. It has original jurisdiction over extraordinary writs and 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 Supreme Court. Some Supreme Court records have been sent to the Utah State Archives.

1987 to present. Court of Appeals has complementary jurisdiction with the Supreme Court. It has original jurisdiction in extraordinary writs and hears appeals from the circuit courts, juvenile courts, some supreme court cases, domestic relations, and some criminal cases from the circuit court. Records of the circuit court are kept by the Clerk of the Court of Appeals.

1896 to present. State district courts - In 1896, the state was divided into seven state district court districts. Through the years, the district boundaries changed several times, and in 1988, eight districts were created. Branch offices for these courts are located in each county. State district courts have jurisdiction in all criminal felonies and civil actions. Domestic relations cases such as divorces, separations, child custody, adoptions, name changes, will and estate settlements are also handled by these courts as are naturalizations.
State district court records can be found in the county clerk's office, the Utah State Archives and the National Archives-Denver Branch. Adoption records are restricted and a court order is required to access them.

1896 to present. Justices of the peace - 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 may 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 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 the county clerk's office. The Utah State Archives has some justice of the peace records.

1906-1977 City courts had limited jurisdiction in civil and criminal cases within a county. They were replaced by the circuit court system in 1977. Records of the city courts are at the office of the circuit court or at the Utah State Archives.

1977 to present. Circuit courts - Twelve circuit court districts were created in 1977, but the boundaries were changed in 1988 to include only eight districts. Circuit court offices are located in each county seat as well as some additional cities. The records of these courts are in the office of the circuit court or at the Utah State Archives. There are no justice of the peace courts in cities served by circuit courts.

1905 to present. The juvenile court system was divided into as many as six districts until 1988 when the boundaries were changed to 8 districts to coincide with the circuit and state district court boundaries.
Juvenile courts have jurisdiction over youths under 18 years of age who commit criminal acts. They also have jurisdiction in child abuse, child custody and certain adoption cases. The records are found in the office of the clerk of the juvenile court and the Utah State Archives. Juvenile court records are restricted and a court order is required to access them.

1933 to present. Small claims courts are divisions of the circuit court and the justice of the peace courts. They handle civil and criminal cases up to $1,000. Their records are maintained by the clerk of the respective courts.

Federal Court Records

1896 to present. United States District Court of the District of Utah - This federal court hears civil and criminal cases involving citizens of different states, interstate controversies, violations of federal statutes, immigration and naturalization matters, some civil and criminal cases where both parties have agreed to use the federal court system, and other matters.
Most federal cases in Utah are heard in the Central Division Office located at the United States Courthouse and Post Office Building in Salt Lake City. The six northern counties of Davis, Morgan, Box Elder, Weber, Rich, and Cache counties can hear cases at the Northern Division Office in Ogden. There are also magistrates offices in Salt Lake City, Ogden, and several southern communities that hear cases involving minor federal misdemeanors and other matters.
Older records of the court are sent to the National Archives-Denver Branch. Recent records, including records from both divisions and the magistrates courts, are at the Central Division Office which also has the docket books from the 1920s to the present and naturalization records.

1896 to present. United State Bankruptcy Court for the District of Utah is a division of the United States District Court for the District of Utah. Created in 1979, this court is also located at the United States Courthouse and Post Office Building in Salt Lake City. This court gathered many of the pre-1979 bankruptcy records of the U.S. District Court. These have been sent to the National Archives-Denver Branch. Recent records are kept by the Clerk of the United States Bankruptcy Court for the District of Utah who also has an index of bankruptcy cases dating back to the turn of the century.

1896 to present. The United States Court of Appeals for the Tenth Circuit is located in Denver. This court hears appeals from the federal district courts from Utah and five other western states. The records are maintained by the clerk of the court and then sent to the National Archives-Denver Branch. Appellate cases from this court are heard by the Supreme Court of the United States in Washington, D.C.

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