S.B. 230

1

PERSONAL PROPERTY AND PERSONAL
2 INJURY CLAIM
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory S. Bell
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill permits a personal injury claim to be filed in district court after a personal
11 property damage claim has been filed in small claims court when both claims arise out
12 of the same motor vehicle accident.
13 Highlighted Provisions:
14 This bill:
15 . permits a personal injury claim to be adjudicated in district court when a property
16 damage claim has been filed in small claims court when both claims arise out the
17 same motor vehicle accident.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78-6-1, as last amended by Chapter 204, Laws of Utah 2004
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78-6-1 is amended to read:

28 78-6-1. Small claims -- Defined -- Biannual review -- Counsel not necessary --
29 Deferring multiple claims of one plaintiff -- Supreme Court to govern procedures.
30 (1) A small claims action is a civil action:
31 (a) for the recovery of money where:
32 (i) the amount claimed does not exceed $7,500 including attorney fees but exclusive of
33 court costs and interest; and
34 (ii) the defendant resides or the action of indebtedness was incurred within the
35 jurisdiction of the court in which the action is to be maintained; or
36 (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
37 which the amount claimed does not exceed $7,500 including attorney fees but exclusive of
38 court costs and interest.
39 (2) The judgment in a small claims action may not exceed $7,500 including attorney
40 fees but exclusive of court costs and interest.
41 (3) Counter claims may be maintained in small claims actions if the counter claim
42 arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim. A
43 counter claim may not be raised for the first time in the trial de novo of the small claims action.
44 (4) The Judicial Council shall present to the Judiciary Interim Committee prior to the
45 general session of the Legislature during odd-numbered years a report and recommendations
46 concerning the maximum amount of small claims actions.
47 (5) (a) With or without counsel, persons or corporations may litigate actions on behalf
48 of themselves:
49 (i) in person; or
50 (ii) through authorized employees.
51 (b) A person or corporation may be represented in an action by an individual who is
52 not an employee of the person or corporation and is not licensed to practice law only in
53 accordance with the Utah rules of small claims procedure as promulgated by the Supreme
54 Court.
55 (6) If a person or corporation other than a municipality or a political subdivision of the
56 state files multiple small claims in any one court, the clerk or judge of the court may remove all
57 but the initial claim from the court's calendar in order to dispose of all other small claims
58 matters. Claims so removed shall be rescheduled as permitted by the court's calendar.

59 (7) Small claims matters shall be managed in accordance with simplified rules of
60 procedure and evidence promulgated by the Supreme Court.
61 (8) The filing and adjudication of a personal property damage claim arising out of a
62 motor vehicle accident does not preclude the subsequent filing in district court of a personal
63 injury claim arising out of the same motor vehicle accident, nor does it preclude the
64 adjudication de novo of any issue relating to the accident or claim.




Legislative Review Note
as of 2-2-06 8:13 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel