Title 78A Judiciary and Judicial Administration Chapter 8 Small Claims Courts Section 102 Small claims -- Defined -- Counsel not necessary -- Deferring multiple claims of one plaintiff -- Supreme Court to govern procedures.
78A-8-102.Small claims -- Defined -- Counsel not necessary -- Deferring multiple
claims of one plaintiff -- Supreme Court to govern procedures.
(1) A small claims action is a civil action:
(a) for the recovery of money where:
(i) the amount claimed does not exceed $10,000 including attorney fees but exclusive of court
costs and interest; and
(ii) the defendant resides or the action of indebtedness was incurred within the jurisdiction of
the court in which the action is to be maintained; or
(b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in which the
amount claimed does not exceed $10,000 including attorney fees but exclusive of court costs and
interest.
(2) The judgment in a small claims action may not exceed $10,000 including attorney fees but
exclusive of court costs and interest.
(3) Counter claims may be maintained in small claims actions if the counter claim arises out of
the transaction or occurrence which is the subject matter of the plaintiff's claim. A counter claim may
not be raised for the first time in the trial de novo of the small claims action.
(4) (a) With or without counsel, persons or corporations may litigate actions on behalf of
themselves:
(i) in person; or
(ii) through authorized employees.
(b) A person or corporation may be represented in an action by an individual who is not an
employee of the person or corporation and is not licensed to practice law only in accordance with the
Utah rules of small claims procedure as promulgated by the Supreme Court.
(5) If a person or corporation other than a municipality or a political subdivision of the state
files multiple small claims in any one court, the clerk or judge of the court may remove all but the initial
claim from the court's calendar in order to dispose of all other small claims matters. Claims so removed
shall be rescheduled as permitted by the court's calendar.
(6) Small claims matters shall be managed in accordance with simplified rules of procedure and
evidence promulgated by the Supreme Court.
Amended by Chapter 147, 2009 General Session
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