7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding a small claims court.
10 Highlighted Provisions:
11 This bill:
11a Ŝ→ ▸ addresses jurisdictional limits for small claims court; ←Ŝ
12 ▸ modifies a provision regarding a motor vehicle accident; and
13 ▸ makes technical changes.
14 Money Appropriated in this Bill:
16 Other Special Clauses:
18 Utah Code Sections Affected:
20 78A-8-102, as last amended by Laws of Utah 2013, Chapter 368
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78A-8-102 is amended to read:
24 78A-8-102. Small claims -- Defined -- Counsel not necessary -- Removal from
25 district court -- Deferring multiple claims of one plaintiff -- Supreme Court to govern
27 (1) A small claims action is a civil action:
28 (a) for the recovery of money [
29 (i) the amount claimed does not exceed Ŝ→ [
29a but exclusive
30 of court costs and interest; and
31 (ii) the defendant resides or the action of indebtedness was incurred within the
32 jurisdiction of the court in which the action is to be maintained; or
33 (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
34 which the amount claimed does not exceed Ŝ→ [
34a exclusive of
35 court costs and interest.
36 (2) (a) A defendant in an action filed in the district court that meets the requirement of
37 Subsection (1)(a)(i) may remove, if agreed to by the plaintiff, the action to a small claims court
38 within the same district by:
39 (i) giving notice, including the small claims filing number, to the district court of
40 removal during the time afforded for a responsive pleading; and
41 (ii) paying the applicable small claims filing fee.
42 (b) [
43 action removed under Subsection (2)(a) to the district court where the action was originally
45 (3) The judgment in a small claims action may not exceed Ŝ→ [
45a including attorney
46 fees, but exclusive of court costs and interest.
47 (4) [
48 action if the counter claim arises out of the transaction or occurrence which is the subject
49 matter of the plaintiff's claim. A counter claim may not be raised for the first time in the trial
50 de novo of the small claims action.
51 (5) [
52 may be maintained in a small claims [
53 the small claims action, without limiting the ability of a plaintiff to make a claim for bodily
54 injury against the same defendant in a separate legal action. In the event that a property
55 damage claim is brought as a small claims action:
56 (a) [
57 original small claims action is not binding in [
59 (b) [
60 a separate legal action for bodily injury.
61 (6) (a) With or without counsel, persons or corporations may litigate actions on behalf
62 of themselves:
63 (i) in person; or
64 (ii) through authorized employees.
65 (b) A person or corporation may be represented in an action by an individual who is
66 not an employee of the person or corporation and is not licensed to practice law only in
67 accordance with the Utah [
68 Claims Procedure as made by the Supreme Court.
69 (7) If a person or corporation other than a municipality or a political subdivision of the
70 state files multiple small claims in any one court, the clerk or judge of the court may remove all
71 but the initial claim from the court's calendar in order to dispose of all other small claims
72 matters. [
74 (8) [
75 simplified rules of procedure and evidence [
Legislative Review Note
Office of Legislative Research and General Counsel