H.B. 376

This document includes House Committee Amendments incorporated into the bill on Wed, Mar 2, 2011 at 2:34 PM by jeyring. --> 1

SMALL CLAIMS COURT JURISDICTION
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca P. Edwards
5 Senate Sponsor: Daniel R. Liljenquist
6
7 LONG TITLE
8 General Description:
9 This bill allows a defendant in an action in district court to remove it to small claims
10 court if it fits the jurisdictional amounts.
11 Highlighted Provisions:
12 This bill:
13 . allows a defendant in an action in district court to remove it to a small claims court
14 in the same jurisdiction if it is less than $10,000 H. and the plaintiff agrees .H ; H. [ and ] .H
15 . requires that the defendant pay the small claims filing fee H. ; and
15a . provides that the court may not charge the plaintiff a filing fee if the plaintiff appeals
15b the small claims court judgment .H .
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78A-8-102, as last amended by Laws of Utah 2009, Chapter 147
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78A-8-102 is amended to read:
26 78A-8-102. Small claims -- Defined -- Counsel not necessary -- Removal from
27 district court -- Deferring multiple claims of one plaintiff -- Supreme Court to govern

28 procedures.
29 (1) A small claims action is a civil action:
30 (a) for the recovery of money where:
31 (i) the amount claimed does not exceed $10,000 including attorney fees but exclusive
32 of court costs and interest; and
33 (ii) the defendant resides or the action of indebtedness was incurred within the
34 jurisdiction of the court in which the action is to be maintained; or
35 (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
36 which the amount claimed does not exceed $10,000 including attorney fees but exclusive of
37 court costs and interest.
38 (2) H. (a) .H A defendant in an action filed in the district court that meets the
38a requirement of
39 Subsection (1)(a)(i) may remove H. , if agreed to by the plaintiff, .H the action to a small
39a claims court within the same district by:
40 H. [ (a) ] (i) .H giving notice H. , including the small claims filing number, .H to the 40a H. [ plaintiff and ] .H district court of removal during the time afforded
41 for a responsive pleading; and
42 H. [ (b) ] (ii) .H paying the applicable small claims filing fee.
42a H. (b) No filing fee may be charged to a plaintiff to appeal a judgment on an action
42b removed under Subsection (2)(a) to the district court where the action was originally filed. .H
43 [(2)] (3) The judgment in a small claims action may not exceed $10,000 including
44 attorney fees but exclusive of court costs and interest.
45 [(3)] (4) Counter claims may be maintained in small claims actions if the counter claim
46 arises out of the transaction or occurrence which is the subject matter of the plaintiff's claim. A
47 counter claim may not be raised for the first time in the trial de novo of the small claims action.
48 [(4)] (5) (a) With or without counsel, persons or corporations may litigate actions on
49 behalf of themselves:
50 (i) in person; or
51 (ii) through authorized employees.
52 (b) A person or corporation may be represented in an action by an individual who is
53 not an employee of the person or corporation and is not licensed to practice law only in
54 accordance with the Utah rules of small claims procedure as promulgated by the Supreme
55 Court.
56 [(5)] (6) If a person or corporation other than a municipality or a political subdivision
57 of the state files multiple small claims in any one court, the clerk or judge of the court may
58 remove all but the initial claim from the court's calendar in order to dispose of all other small

59 claims matters. Claims so removed shall be rescheduled as permitted by the court's calendar.
60 [(6)] (7) Small claims matters shall be managed in accordance with simplified rules of
61 procedure and evidence promulgated by the Supreme Court.




Legislative Review Note
as of 2-14-11 12:58 PM

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