In other words, one party might win in the claim for property damages and the other party might win in the claim for bodily injuries.
If you file an affidavit for property damage to a motor vehicle and a separate complaint for bodily injuries as a regular civil action, the decision in the small claims action is not binding in the complaint for bodily injuries. Otherwise you have to join all of your claims against the defendant into one action. If you are suing for property damage to a motor vehicle (such as the cost to repair your car), you can sue for bodily injuries in the same small claims action, or you can file a separate action for bodily injuries.
If the claim does not satisfy these limitations, the plaintiff must file a civil complaint in the district court under the Utah Rules of Civil Procedure. Small claims cases cannot be used to sue a government entity, to sue for possession of property, to evict a tenant or to recover an assigned claim. The defendant must owe the debt to the plaintiff or, on a counter affidavit, vice-versa.
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That limit is set by the Legislature in Utah Code Section 78A-8-102. Small claims cases are to recover money, and claims cannot exceed the jurisdictional limit. The party responding to the claim is the defendant. The party filing the claim is the plaintiff. If there is a difference between the information on the Utah Courts Small Claims website page ( found here) and the statutes and rules, the statutes and rules govern. The Rules of Civil Procedure generally do not apply, unless a statute or rule says that they do. Small claims actions are governed by the Utah Code and the Rules of Small Claims Procedure. for more information on Expungements click the link. In proceedings to expunge a record, the defendant in the criminal case is the petitioner in the expungement case. Other records, such as news accounts of an arrest or conviction, are not affected.Īfter a record is expunged, an agency’s sealed records can still be viewed and copied by some government officials, and the court can order the records unsealed under some conditions.Īlthough the records being expunged are criminal records, the petition to expunge is a civil case. The order to seal records applies only to government agencies. A person who has had records expunged may respond to an inquiry as though that arrest or conviction did not occur. A government agency that has received an expungement order will respond to an inquiry as though that arrest or conviction did not occur. If an agency does not receive the expungement order, they are not required to seal their records. Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere (no contest). Sealing a record means that the public cannot view or copy the record.
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The Utah Expungement Act governs how to expunge records of an arrest or conviction in Utah, regardless of when a person was arrested or convicted.Įxpunging a criminal record does not change history expunging a record means that the court orders the records of the arrest, investigation, detention and conviction in the criminal case sealed.
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