H.B. 170 Small Claims Amendments
Bill Sponsor: ![]() Rep. Kwan, Karen | Floor Sponsor: ![]() Sen. Harper, Wayne A. |
- Drafting Attorney: Patricia Owen
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 17 Mar 2017, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 9 May 2017
- Session Law Chapter: 073
- Similar Bills
- Sections Affected
Enrolled
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H.B. 170
1 SMALL CLAIMS AMENDMENTS
22017 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Karen Kwan
5Senate Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding a small claims court.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses jurisdictional limits for small claims court;
13 ▸ modifies a provision regarding a motor vehicle accident; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78A-8-102, as last amended by Laws of Utah 2013, Chapter 368
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78A-8-102 is amended to read:
25 78A-8-102. Small claims -- Defined -- Counsel not necessary -- Removal from
26 district court -- Deferring multiple claims of one plaintiff -- Supreme Court to govern
27 procedures.
28 (1) A small claims action is a civil action:
29 (a) for the recovery of money [where] when:
30 (i) the amount claimed does not exceed [$10,000] $11,000 including attorney fees, but
31 exclusive of court costs and interest; and
32 (ii) the defendant resides or the action of indebtedness was incurred within the
33 jurisdiction of the court in which the action is to be maintained; or
34 (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
35 which the amount claimed does not exceed [$10,000] $11,000 including attorney fees, but
36 exclusive of court costs and interest.
37 (2) (a) A defendant in an action filed in the district court that meets the requirement of
38 Subsection (1)(a)(i) may remove, if agreed to by the plaintiff, the action to a small claims court
39 within the same district by:
40 (i) giving notice, including the small claims filing number, to the district court of
41 removal during the time afforded for a responsive pleading; and
42 (ii) paying the applicable small claims filing fee.
43 (b) [No] A filing fee may not be charged to a plaintiff to appeal a judgment on an
44 action removed under Subsection (2)(a) to the district court where the action was originally
45 filed.
46 (3) The judgment in a small claims action may not exceed [$10,000] $11,000 including
47 attorney fees, but exclusive of court costs and interest.
48 (4) [Counter claims] A counter claim may be maintained in a small claims [actions]
49 action if the counter claim arises out of the transaction or occurrence which is the subject
50 matter of the plaintiff's claim. A counter claim may not be raised for the first time in the trial
51 de novo of the small claims action.
52 (5) [Claims] A claim involving property damage [to] from a motor vehicle accident
53 may be maintained in a small claims [actions] action, and any removal or appeal [thereof] of
54 the small claims action, without limiting the ability of a plaintiff to make a claim for bodily
55 injury against the same defendant in a separate legal action. In the event that a property
56 damage claim is brought as a small claims action:
57 (a) [any] a liability decision in an original small claims action or appeal [thereof] of the
58 original small claims action is not binding in [any] a separate legal action for bodily injury;
59 and
60 (b) [no] an additional property damage [claims can] claim may not be brought in [any]
61 a separate legal action for bodily injury.
62 (6) (a) With or without counsel, persons or corporations may litigate actions on behalf
63 of themselves:
64 (i) in person; or
65 (ii) through authorized employees.
66 (b) A person or corporation may be represented in an action by an individual who is
67 not an employee of the person or corporation and is not licensed to practice law only in
68 accordance with the Utah [rules of small claims procedure as promulgated] Rules of Small
69 Claims Procedure as made by the Supreme Court.
70 (7) If a person or corporation other than a municipality or a political subdivision of the
71 state files multiple small claims in any one court, the clerk or judge of the court may remove all
72 but the initial claim from the court's calendar in order to dispose of all other small claims
73 matters. [Claims] A claim so removed shall be rescheduled as permitted by the court's
74 calendar.
75 (8) [Small claims matters] A small claims matter shall be managed in accordance with
76 simplified rules of procedure and evidence [promulgated] made by the Supreme Court.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding a small claims court.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses jurisdictional limits for small claims court;
13 ▸ modifies a provision regarding a motor vehicle accident; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78A-8-102, as last amended by Laws of Utah 2013, Chapter 368
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78A-8-102 is amended to read:
25 78A-8-102. Small claims -- Defined -- Counsel not necessary -- Removal from
26 district court -- Deferring multiple claims of one plaintiff -- Supreme Court to govern
27 procedures.
28 (1) A small claims action is a civil action:
29 (a) for the recovery of money [
30 (i) the amount claimed does not exceed [
31 exclusive of court costs and interest; and
32 (ii) the defendant resides or the action of indebtedness was incurred within the
33 jurisdiction of the court in which the action is to be maintained; or
34 (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
35 which the amount claimed does not exceed [
36 exclusive of court costs and interest.
37 (2) (a) A defendant in an action filed in the district court that meets the requirement of
38 Subsection (1)(a)(i) may remove, if agreed to by the plaintiff, the action to a small claims court
39 within the same district by:
40 (i) giving notice, including the small claims filing number, to the district court of
41 removal during the time afforded for a responsive pleading; and
42 (ii) paying the applicable small claims filing fee.
43 (b) [
44 action removed under Subsection (2)(a) to the district court where the action was originally
45 filed.
46 (3) The judgment in a small claims action may not exceed [
47 attorney fees, but exclusive of court costs and interest.
48 (4) [
49 action if the counter claim arises out of the transaction or occurrence which is the subject
50 matter of the plaintiff's claim. A counter claim may not be raised for the first time in the trial
51 de novo of the small claims action.
52 (5) [
53 may be maintained in a small claims [
54 the small claims action, without limiting the ability of a plaintiff to make a claim for bodily
55 injury against the same defendant in a separate legal action. In the event that a property
56 damage claim is brought as a small claims action:
57 (a) [
58 original small claims action is not binding in [
59 and
60 (b) [
61 a separate legal action for bodily injury.
62 (6) (a) With or without counsel, persons or corporations may litigate actions on behalf
63 of themselves:
64 (i) in person; or
65 (ii) through authorized employees.
66 (b) A person or corporation may be represented in an action by an individual who is
67 not an employee of the person or corporation and is not licensed to practice law only in
68 accordance with the Utah [
69 Claims Procedure as made by the Supreme Court.
70 (7) If a person or corporation other than a municipality or a political subdivision of the
71 state files multiple small claims in any one court, the clerk or judge of the court may remove all
72 but the initial claim from the court's calendar in order to dispose of all other small claims
73 matters. [
74 calendar.
75 (8) [
76 simplified rules of procedure and evidence [
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/20/2017 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
1/20/2017 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/20/2017 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
1/23/2017 | House/ received bill from Legislative Research | Clerk of the House | |
1/23/2017 | House/ 1st reading (Introduced) | House Rules Committee | |
1/24/2017 | LFA/ fiscal note publicly available | House Rules Committee | |
1/25/2017 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
1/26/2017 | House/ to standing committee | House Judiciary Committee | |
2/3/2017 | House Comm - Favorable Recommendation | House Judiciary Committee | 12 0 0 |
2/3/2017 | House Comm - Consent Calendar Recommendation | House Judiciary Committee | 12 0 0 |
2/6/2017 (12:15:46 PM) | House/ comm rpt/ placed on Consent Calendar | House Judiciary Committee | |
2/6/2017 (12:15:47 PM) | House/ 2nd reading | House Consent Calendar | |
2/8/2017 (11:20:26 AM) | House/ 3rd reading | House Consent Calendar | |
2/8/2017 (11:23:21 AM) | House/ passed 3rd reading | Senate Secretary | 72 1 2 |
2/8/2017 (11:23:23 AM) | House/ to Senate | Senate Secretary | |
2/8/2017 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/8/2017 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/9/2017 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/13/2017 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 4 0 3 |
2/14/2017 (10:38:07 AM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/14/2017 (10:38:08 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/15/2017 (2:51:08 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/15/2017 (2:53:28 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 27 0 2 |
2/16/2017 (11:37:31 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/16/2017 (11:42:02 AM) | Senate/ floor amendment # 1 | Senate 3rd Reading Calendar | Voice vote |
2/16/2017 (11:43:24 AM) | Senate/ passed 3rd reading | Clerk of the House | 28 0 1 |
2/16/2017 (11:43:25 AM) | Senate/ to House with amendments | Clerk of the House | |
2/17/2017 (10:10:28 AM) | House/ received from Senate | Clerk of the House | |
2/17/2017 (10:10:29 AM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
2/21/2017 (10:43:25 AM) | House/ concurs with Senate amendment | Senate President | 74 0 1 |
2/21/2017 (10:43:26 AM) | House/ to Senate | Senate President | |
2/21/2017 | Senate/ received from House | Senate President | |
2/21/2017 | Senate/ signed by President/ returned to House | House Speaker | |
2/21/2017 | Senate/ to House | House Speaker | |
2/21/2017 | House/ received from Senate | House Speaker | |
2/21/2017 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
2/22/2017 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
2/22/2017 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/14/2017 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/14/2017 | House/ enrolled bill to Printing | Clerk of the House | |
3/15/2017 | House/ to Governor | Executive Branch - Governor | |
3/17/2017 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings