Utah State Law Library

Our December class list is here!

Small Claims Basics
Thursday, 12/3, 4:30-6:30 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Collecting a Judgment Basics
Thursday, 12/10, 4:30-6:30 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

Resources for People Representing Themselves in Utah's State Courts
Friday, 12/11, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

Posted by Jessica Van Buren at 07:52 AM | Permalink | Comments (0) | TrackBacks (0)

OCAP, the Online Court Assistance Program, offers an interactive electronic tool to prepare the documents needed for several types of civil actions in Utah's state courts. For example, among the existing programs are divorce, parentage, and guardianship of a minor child.

Now available are two new programs. One provides the court documents to try to obtain a protective order on behalf of a minor child. You can choose to use either OCAP or to download fill-in-the-blank forms already available on the court website.

OCAP's new enforcement of domestic orders system provides documents required to ask the court to enforce existing domestic orders. It offers help with preparing orders to show cause, responses to orders to show cause, registrations of foreign orders, as well as several others.

Posted by Mary Jane Ciccarello at 11:43 AM | Permalink | Comments (0) | TrackBacks (0)

A parenting plan outlines how parents who are now living separately will raise their children. It encourages parents to think ahead about how they will make decisions and resolve disagreements. A parenting plan is required in Utah for shared parenting or custody arrangements and is permitted in other parenting arrangements approved by the court.

Parents in a domestic relations case must file a parenting plan whenever a party asks the court to create or change a shared parenting arrangement. Any arrangement other than full legal and physical custody held by one parent is a shared parenting arrangement.

Parenting plans are part of the Online Court Assistance Program for divorce or parentage actions. However, sometimes parents need to create a parenting plan on their own or are ordered to do so by the court. Now available on the court website is a stand-alone parenting plan form. Information about the legal requirements of a parenting plan and links to further resources are also available on the website.

Posted by Mary Jane Ciccarello at 03:56 PM | Permalink | Comments (0) | TrackBacks (0)

Our October class list is here!

Juvenile Court Basics
Thursday, 10/1, 4:30-6:30 p.m.
Topics include child welfare proceedings, delinquency proceedings, rights of juveniles and the role of the Guardian ad Litem.

Small Claims Basics
Thursday, 10/8, 4:30-6:30 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case.

Resources for People Representing Themselves in Utah's State Courts
Friday, 10/9, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

Guardianship of an Adult Basics
Thursday, 10/15, 4:30-6:30 p.m.
Topics include who can be a guardian, why you might want a guardianship, the difference between a guardianship and conservatorship, the rights and responsibilities of a guardian, how to request a guardianship appointment, and how to terminate a guardianship appointment

Landlord-Tenant Basics
Thursday, 10/22, 4:30-6:30 p.m.
Basic rights and responsibilities of both landlords and tenants, as well as provide a description of the eviction process.

New class coming in November ...
Collecting a Judgment Basics
Thursday, 11/12, 4:30-6:30 p.m.
Topics include identifying a debtor's property, writs of garnishment and execution, exemptions and satisfaction of judgment in civil and criminal cases.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

Posted by Jessica Van Buren at 03:28 PM | Permalink | Comments (0) | TrackBacks (0)

Common law marriage in Utah is the recognition by the Courts that a relationship between a man and a woman is a legal and valid marriage even if no legal wedding ceremony--religious or civil--took place.

The Utah Code regarding common law marriage states that parties may petition the court to recognize a contract between a man and woman who
* are of legal age and capable of giving consent;
* are legally capable of entering a solemnized marriage under the provisions of this chapter;
* have cohabited;
* mutually assume marital rights, duties, and obligations; and
* who hold themselves out as and have acquired a uniform and general reputation as husband and wife.

The petition for recognition of common law marriage must be made during the relationship or within a year after the end of the relationship, including if one party dies.

The Utah State Law Library has a sample pleadings to petition the Court for a common law marriage. Call or e-mail if you would like a copy.

For more information about marriage in Utah, visit the Utah State Courts page on marriage.

Posted by Mari Cheney at 09:12 AM | Permalink | Comments (0) | TrackBacks (0)

If you have a child support or child custody court order from another state and you want to either enforce or modify that order in Utah, you must first register that order with an appropriate Utah court. This process is often referred to as "registering a foreign order."

Instructions and forms to register foreign child support and child custody orders are now available on the Utah State Courts website at http://www.utcourts.gov/howto/family/foreign_order.

Posted by Mary Jane Ciccarello at 02:12 PM | Permalink | Comments (0) | TrackBacks (0)

Forms to ask the court to modify a child support order are now available on the Utah State Courts website at http://www.utcourts.gov/howto/family/modification/child_support.html. The site also provides information on how to use the forms and how to calculate child support amounts.

For help with calculating child support, you can use the online calculator or stand-alone worksheets.

Posted by Mary Jane Ciccarello at 01:56 PM | Permalink | Comments (0) | TrackBacks (0)

Our September class list is here!

Small Claims Basics
Thursday, 9/10, 4:30-6:30 p.m.
Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, an overview of collecting a judgment and appealing a small claims case.

Resources for People Representing Themselves in Utah's State Courts
Friday, 9/11, 3:30-4:30 p.m.
Introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

Guardianship of a Minor Basics
Thursday, 9/17, 4:30-6:30 p.m.
Topics include who can be a guardian, why you might want a guardianship, the difference between a guardianship and conservatorship, the rights and responsibilities of a guardian, how to request a guardianship appointment, and how to terminate a guardianship appointment

Landlord-Tenant Basics
Thursday, 9/24, 4:30-6:30 p.m.
Basic rights and responsibilities of both landlords and tenants, as well as provide a description of the eviction process.

All classes are held in the Matheson Courthouse in Salt Lake City.

To register for these free classes call 801-238-7990 or email library@email.utcourts.gov.

Posted by Jessica Van Buren at 07:37 AM | Permalink | Comments (0) | TrackBacks (0)

If you suspect you are the victim of bankruptcy or foreclosure fraud, you can report the suspected business or person to the Executive Office for U.S. Trustees.

For suspected bankruptcy fraud cases, the U.S. Trustee Program requests that you provide as much information as possible, including:
"* Name and address of the person or business you are reporting.
* The name of the bankruptcy case, case number, and the location of where the case was filed.
* Any identifying information you may have regarding the individual or the business.
* A brief description of the alleged fraud, including how you became aware of the fraud and when the fraud took place. Please include all supporting documentation.
* Identify the type of asset that was concealed and its estimated dollar value, or the amount of any unreported income, undervalued asset, or other omitted asset or claim.
* Your name, address, telephone number, and email address. You are not required to identify yourself, though it is often helpful to do so if questions arise."

Additionally, the U.S. Trustee Program warns people faced with foreclosure to proceed carefully if a person or business:
"* Calls itself a "mortgage consultant," "foreclosure service," or similar name.
* Contacts or advertises to people whose homes are listed for foreclosure.
* Collects a fee before it provides services to you.
* Tells you to make your home mortgage payments directly to the individual or company.
* Tells you to transfer your property deed or title to the individual or company."

For more information and to report suspicions of fraud, contact the local U.S. Trustee office by phone at 801-524-5734 or by email.

Posted by Mari Cheney at 09:19 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Courts' web page on Getting a Divorce in Utah provides information about the difference between divorce and annulment, and points out that there are both statutory and common law reasons why the court may grant the annulment.

Note that annulment laws differ from state to state. You must consult the laws of Utah to determine if you meet any of the criteria for annulment. Even if any or all of the grounds for annulment exist, it is still in the judge's discretion whether or not to grant the annulment.

The grounds for annulment include:
* Where the marriage is prohibited or void under Title 30, Chapter 1, Section 2, which deals with age requirements, prior marriages and divorces, and persons of the same sex.
* Where the marriage is incestuous, and therefore void.
* Common law grounds include fraud, misrepresentation, and failure to consummate the marriage.

Utah laws make no mention of a minimum or maximum amount of time for a marriage to have existed in order to petition the court for an annulment.

At this time, no Court-approved annulment paper work is available. If you find sample pleadings online, you should consult the Rules of Civil Procedure to ensure your documents conform to Court Rules. You should also consider consulting with an attorney, whether at a free legal clinic or through paid representation.

Posted by Mari Cheney at 11:42 AM | Permalink | Comments (0) | TrackBacks (0)

Under Utah law, any interested adult may ask the Juvenile Court for an order of protection for a minor child less than 18 years of age if that adult believes the child is being physically or sexually abused or is at imminent risk of harm and in need of protection. Children who are at least 16 years old can apply on their own for an order of protection using adult protective order forms and filing them in the DIstrict Court.

Child protective order forms have been updated recently and are now available on the court website. One important addition is the Service Assistance Form found on the first page of the Verified Petition. This form provides law enforcement with information about the parties and is particularly useful in helping find a respondent to serve the court papers on him or her. The information on the Service Assistance Form is not part of the court public file and is provided only to law enforcement.

Information about protective orders is available in English and Spanish.

Posted by Mary Jane Ciccarello at 02:40 PM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Courts' website now has a transcript information page. Written transcripts for official purposes must be requested online using the new Transcript Program, listed under Online Services.

If you want to listen to a hearing but do not need a transcript, you can buy a CD recording of the proceeding from the court by contacting the judicial assistant for the judge that heard the case. Use the court's online directory, and either search for the judge by name, or choose the court where your case was heard. Judicial assistants are listed to the right of each judge's name.

You will need to download the software program FTR onto your computer in order to play the CD. The court's web page on Verbatim Copies of Court Hearings provides more information.

You can also play CDs at the law library -- our public computers have FTR dowloaded.

Posted by Joanne Gialelis at 12:23 PM | Permalink | Comments (0) | TrackBacks (0)

You’ve won your case ... but how do you get your money?

Unfortunately, winning your case is only one step in the process, and collecting the judgment can be more difficult than winning it. If you are lucky the party will pay the judgment. Otherwise, you may have to go back to court to try to get the party to pay what s/he now owes you.

The court does not collect the judgment for you, but does provide tools to help you collect the judgment. Our Collecting a Judgment web page describes the different ways you can collect a judgment, such as a Writ of Execution or a Writ of Garnishment, as well as the process for finding out about the debtor's assets. That process is called a "supplemental proceeding" or "supp order."

The person to whom the judgment is owed is the creditor. The person who owes the judgment is the debtor. The creditor has eight years to collect a judgment from the debtor. (Utah Code Ann. §78B-2-311).

Posted by Jessica Van Buren at 10:40 AM | Permalink | Comments (0) | TrackBacks (0)

If you are representing yourself in U.S. Tax Court, check out the Tax Court's web site, which contains a wealth of information for self-represented parties.

The Taxpayer Information link provides information about filing a petition and what to expect before, during, and after the trial. And recently, video explanations have been added to help self-represented parties understand the petition process and pre- and post-trial matters.

If you need legal assistance, check out the Low Income Taxpayer Clinic list for Utah.

Posted by Mari Cheney at 10:58 AM | Permalink | Comments (0) | TrackBacks (0)

We've just received the 10th edition of Criminal Law Handbook.

This Nolo book covers topics including talking to the police, search and seizure, arrest, eyewitness identification, book and bail, criminal defense lawyers, criminal court, arraignments, discovery, fundamental trial rights, basic evidence rules, plea bargains, sentencing, appeals, juvenile courts and prisoners' rules.

Our Law Books for Non-Lawyers handout lists other self-help books we have in the library.

Many public libraries carry Nolo titles - check your local library catalog to see if they have this or other books written for non-lawyers.

Posted by Jessica Van Buren at 03:14 PM | Permalink | Comments (0) | TrackBacks (0)

Planning ahead for physical and mental incapacity is an important issue for all of us. Utah law provides suggested forms and instructions for advance health care directives and the appointment of an agent to make health care decisions for an adult who loses the capacity to communicate. You can link to Utah’s forms and more information at http://aging.utah.edu/utah_coa/directives/ , or directly from the court website at http://www.utcourts.gov/howto/seniors/#Advance.

The Utah Division of Aging and Adult Services provides information and forms about advance health care decision making including a very useful Tool Kit that helps people think through their wishes and how to express them in meaningful ways. Go to http://www.hsdaas.utah.gov/advance_directives.htm

Utah law also provides for a mental health directive to help people with mental illness plan ahead for such tough decisions as commitment to treatment and medications. Go to more information on the Nami Utah Web site at http://www.namiut.org/index.php?option=com_content&task=view&id=62&Itemid=52, or view Utah’s laws and sample Declaration for Mental Health Treatment form at Utah Code 62A-15-1001 to 1004, http://le.utah.gov/UtahCode/section.jsp?code=62A-15.

On the national front, the Secretary of Health and Human Services sent a comprehensive report to Congress this week entitled “Advance Directives and Advance Care Planning.” The report, requested by Congress in 2006, focuses on (1) the best ways to promote the use of advance directives and advance care planning among competent adults as a way to specify their wishes about end-of-life care; and (2) addressing the needs of persons with disabilities with respect to advance directives. You can link to the report at http://aspe.hhs.gov/daltcp/reports/2008/ADCongRpt.htm. It includes an excellent literature review on every aspect of advance care planning, analyses of key ethical and legal issues, and a discussion of opportunities to enhance the effectiveness of advance care planning and advance directives.
The report is particularly timely as health care reform is in the public policy forefront, and several bills are pending in Congress regarding advance care planning and improving care near the end of life.

Posted by Mary Jane Ciccarello at 03:06 PM | Permalink | Comments (0) | TrackBacks (0)

We've just received the latest edition of The Employer's Legal Handbook.

This Nolo book covers topics including hiring, personnel practices, wages and hours, employee benefits, taxes, family and medical leave, health and safety, illegal discrimination, workers with disabilities, termination, employee privacy, independent contractors, and unions.

Our Law Books for Non-Lawyers handout lists other self-help books we have in the library.

Many public libraries carry Nolo titles - check your local library catalog.

Posted by Jessica Van Buren at 07:50 AM | Permalink | Comments (0) | TrackBacks (0)

You can represent yourself in court if you choose to but you cannot represent another person. For example, you can represent yourself in your own divorce but you cannot represent your friend in her divorce. Most businesses are legally "persons." Therefore, you cannot represent a corporation, partnership or other business entity. For example, the manager of an apartment building cannot represent the property owner in an eviction. That would be representing another person. If the property is owned by a business, then the business must be represented by a lawyer because the business itself is a "person." If the property is owned by a natural person, then the owner can represent herself or himself.

A parent or guardian can "appear" on behalf of a minor child or protected person, which means the parent takes the place of the child as the real party in interest, but usually a parent or guardian cannot "represent" a child or a protected person. In juvenile court, you can ask the judge for permission to represent a child or protected person. And in a petition for a child protective order any "interested" person may represent the child.

For the special rules about representing a party in a small claims case, see our webpage on Small Claims. For more information on what it means to practice law, see Rule 14-802. Authorization to practice law. And see our webpage on Self-Help Resources for more information and forms if you are interested in representing yourself.

Posted by Mary Jane Ciccarello at 12:16 PM | Permalink | Comments (0) | TrackBacks (0)

Utah law requires divorcing parents to attend a divorce orientation class and a divorce education class before the judge will sign a divorce decree.

Attendance of these classes can be waived by the judge in some circumstances. Information and all the forms needed to ask the judge to waive the required classes are now available on the court web page on divorce. The forms are also found in the online divorce program (OCAP).

Posted by Mary Jane Ciccarello at 03:18 PM | Permalink | Comments (0) | TrackBacks (0)

Utah law requires that parties wait 90 days after filing a divorce petition before a divorce decree can be granted. This waiting period can be waived by the court for good cause. And, the waiting period does not apply to parents who attend the Divorce Education and Divorce Orientation classes.

The forms to ask the court to waive the waiting period are now available for easy download on the court web page on divorce. In addition, forms are now available to oppose the waiver of the waiting period. The waiver forms may also be found in the online divorce program (OCAP).

Posted by Mary Jane Ciccarello at 02:24 PM | Permalink | Comments (0) | TrackBacks (0)

There's a new web page explaining filing fees and fee waivers. All forms required for asking the court to waive filing fees are available on this page as well.

There are usually fees that you must pay whenever you start a lawsuit by filing a complaint or petition. You can ask the judge to waive the fees but you must prove to the judge that you cannot pay them.

You can also link to the fee waiver web page and forms by going to "Forms and Instructions" on the Self-Help Resources webpage.

Posted by Mary Jane Ciccarello at 01:49 PM | Permalink | Comments (0) | TrackBacks (0)

We've just received the latest edition of Every Tenant''s Legal Guide.

This Nolo book provides an overview the rights and responsibilities of tenants.

Our Law Books for Non-Lawyers handout lists other self-help books we have in the library.

Posted by Jessica Van Buren at 01:36 PM | Permalink | Comments (0) | TrackBacks (0)

When disasters hit, people need immediate help getting medical treatment, food, water, clothing, and shelter. But, people also need help with a wide range of legal issues related to those disasters. Here is a list recently posted by Matthew Burnett on www.techno.la of some national online resources on disaster law:

DisasterLegalAid.org – A national disaster law resource for both lawyers and the public by the American Bar Association, Legal Services Corporation, National Legal Aid and Defender Association and Pro Bono Net.

KatrinaLegalAid.org for Katrina-specific resources.

ABA Disaster Law Resources – Legal information for victims and lawyers about disaster preparedness, resources and recovery by the American Bar Association, including the ABA’s Principles for Rule of Law in Times of Major Disaster (PDF) and the State Implementation of ABA Model Court Rule on Provision of Legal Services Following Determination of Major Disaster (PDF).

Disasters & the Law Database – An excellent database of disaster law resources by the UC Berkeley School of Law.

Immigrants and Disaster Assistance - Fact sheets, issue briefs, advocacy resources, articles, reports, and community education materials by the National Immigration Law Center, as well as links to disaster resources from other nonprofits and government agencies.

Posted by Mary Jane Ciccarello at 02:31 PM | Permalink | Comments (0) | TrackBacks (0)

Thinking about filing a small claims case? Want to learn more about the small claims process in Utah?

The Utah State Law Library is offering a free class for the public about small claims cases tonight. Topics include:

• Small claims process
• Rules of Small Claims Procedure
• Small claims forms
• An overview of collecting a judgment
• Appealing a small claims case

When
Tonight - Thursday, May 14th
5:00 - 6:00 p.m.

Instructor
Tim Shea, Senior Staff Attorney, Utah State Courts

Space Still Available!
Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Jessica Van Buren at 08:25 AM | Permalink | Comments (0) | TrackBacks (0)

There's a new Changing Lawyers web page on the court's website that explains the issues surrounding the withdrawal of an attorney, substitution of counsel or notice of appearance, and provides forms for these situations.

This page is linked from our Finding Legal Help page, which provides a number of suggestions for ways to deal with legal issues.

Posted by Jessica Van Buren at 01:03 PM | Permalink | Comments (0) | TrackBacks (0)

There's a new Proof of Service form available on the Utah State Courts' website. It's linked from our Service page, which is one of many resources you can access from the Self-Help Resources page.

Another useful service-related resource is our Finding People for Service of Process page, which offers nearly two dozen suggestions for ways to find people to notify them about a lawsuit filed against them.

Posted by Jessica Van Buren at 11:12 AM | Permalink | Comments (0) | TrackBacks (0)

Are you caring for your mother who can no longer make decisions about her care? Are you responsible for a disabled adult child? Do you have questions about how to establish a guardianship for an adult?

The Utah State Law Library is offering a free class for the public about asking the court for a guardianship of an adult. Topics include:

• Who can be a guardian
• Why you might want a guardianship
• The difference between a guardianship and conservatorship
• The rights and responsibilities of a guardian
• How to request a guardianship appointment
• How to terminate a guardianship appointment

When
Thursday, June 18th
5:00 – 6:00 p.m.

Where
Matheson Courthouse, 450 South State Street

Instructor
TantaLisa Clayton, Attorney, Utah Legal Services

Register Today!
Class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Jessica Van Buren at 07:11 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Law Library is offering a free class for the public about landlord-tenant law in Utah. The class will cover the basic rights and responsibilities of both landlords and tenants, as well as provide a description of the eviction process.

When
Thursday, June 25th
5:00 – 6:30 p.m.

Where
Matheson Courthouse, 450 South State Street

Instructor
Ken Bresin, Attorney, Utah Legal Services

Register Today!
Class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Jessica Van Buren at 10:29 AM | Permalink | Comments (0) | TrackBacks (0)

As a reminder, some of the court's civil filing fees will increase on Tuesday, May 12th.

You can see all the fee changes by reading the enrolled copy of Senate Bill 184.

A few sample increases:

• Divorce or Separate Maintenance - increasing from $155 to $310
  
• Expungement - increasing from $65 to $135
  
• Garnishment - increasing from $35 to $50
  
• Modification of a divorce decree - increasing from $40 to $100
  
• Trial de novo from a Justice Court or small claims case - increasing from $75 to $225
  

Posted by Jessica Van Buren at 07:49 AM | Permalink | Comments (0) | TrackBacks (0)

There's a new page on the Utah State Courts' website which provides information about answering a complaint or petition and an Answer form for civil matters.

This is one of many resources you can access from the Self-Help Resources page.

Posted by Jessica Van Buren at 07:44 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Courts webpage on Small Claims has been updated. The new page contains loads of information about handling small claims cases and forms for all aspects of a small claims matter.

Posted by Mary Jane Ciccarello at 03:29 PM | Permalink | Comments (0) | TrackBacks (0)

Want to learn about Utah's juvenile justice system? The Utah State Law Library is offering a free class about Utah's juvenile courts. Topics include:

• Child Welfare proceedings
• Delinquency proceedings
• Rights of juveniles
• Role of the Guardian ad Litem

When
Thursday, May 28th
5:00 – 6:00 p.m.

Where
Matheson Courthouse, 450 South State Street

Instructor
Whitney Kania, Juvenile Court Law Clerk, Utah State Courts

Register Today!
Class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Jessica Van Buren at 07:49 AM | Permalink | Comments (0) | TrackBacks (0)

April 26 - May 2, 2009 is National Crime Victims' Rights Week.

This year marks the 25th anniversary of the passage of the Victims of Crime Act (VOCA), 42 U.S Code §10601 et seq.

Utah has several services available for victims of crime:

• The Utah Office of Crime Victim Reparations provides qualified crime victims compensation for specific types of expenses. An informational flyer is available on their website.
• The Utah Office of Victim Services provides information, assistance and support to victims of crime whose victimizers are in the custody of the Utah Department of Corrections, and to employees who are victims of work place violence.
  • Victim Assistance Services
  • Crime Victims Bill of Rights
  • VINE - Victim Information and Notification Everyday
• Victim Services in Utah's Juvenile Courts

There are also several national organizations:

• National Center for Victims of Crime
• Office for Victims of Crime
• National Organization for Victim Assistance

Posted by Jessica Van Buren at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

You are invited to a free introductory class on landlord/tenant law in Utah, presented by Fred Anderson, an attorney at Utah Legal Services. There will be plenty of time for questions, so if you're a landlord OR tenant, bring your "What if..." and "Can they..." questions!

When: Tonight (4/23) at 7 p.m.
Where: West Jordan Library (1970 West 7800 South)

If you have any questions, please call the Utah State Law Library at 801-238-7990.

Posted by Jessica Van Buren at 08:40 AM | Permalink | Comments (0) | TrackBacks (0)

Are you a grandparent who needs to register a grandchild in school? Are you caring for someone else's child and want to be sure you can authorize medical treatment if necessary? Do you have questions about how to establish a guardianship for a minor child?

The Utah State Law Library is offering a free class about establishing a guardianship for a minor. Topics include:

• Who can be a guardian
• Why you might want a guardianship
• The difference between a guardianship and conservatorship
• The rights and responsibilities of a guardian
• How to request a guardianship appointment
• How to terminate a guardianship appointment

When
Thursday, May 21st
5:00 - 6:00 p.m.

Instructor
Mary Jane Ciccarello, Staff Attorney, Utah State Courts

Register Today!
Class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Jessica Van Buren at 08:19 AM | Permalink | Comments (0) | TrackBacks (0)

Thinking about filing a small claims case? Want to learn more about the small claims process in Utah?

The Utah State Law Library is offering a free class for the public about small claims cases. Topics include:

• Small claims process
• Rules of Small Claims Procedure
• Small claims forms
• An overview of collecting a judgment
• Appealing a small claims case

When
Thursday, May 14th
5:00 - 6:00 p.m.

Instructor
Tim Shea, Senior Staff Attorney, Utah State Courts

Register Today!
Class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Jessica Van Buren at 10:42 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Law Library will hold its Resources for Self-Represented Parties class on the following dates:

Friday, May 8th
Friday, June 12th
Friday, July 10th

All classes will start at 3:30 p.m. and last about an hour.

The class introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, and the Online Court Assistance Program. The presentation will be followed by a tour of the Utah State Law Library.

Register Today!
Class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

Posted by Joanne Gialelis at 12:23 PM | Permalink | Comments (0) | TrackBacks (0)

All adults can benefit from thinking about what their healthcare choices would be if they are unable to speak for themselves. These decisions can be written in an advance directive so that others know what they are. Advance directives come in two main forms:

• A “healthcare power of attorney” (or “proxy” or “agent” or “surrogate”) documents the person you select to be your voice for your healthcare decisions if you cannot speak for yourself.
• A “living will” documents what kinds of medical treatments you would or would not want at the end of life.

National Healthcare Decisions Day is an initiative to encourage patients to express their wishes regarding healthcare through conversations and the completion of advance directives. The NHDD initiative also is working with providers and facilities to ensure that individual wishes are respected, whatever they may be. Organizations and individuals interested in participating in or learning more about National Healthcare Decisions Day can do so on the NHDD Web site, which contains free outreach tools, a listing of national, state and community participants, and information about advance care planning.

Additional resources are available on the ABA Commission on Law and Aging Web Site.

Additional resources on advance planning and end-of-life legal issues can be found at ABA Law Info: Your Gateway to Information on Legal Topics that Affect Your Life.

Information about Utah’s law and advance healthcare directive form and instructions are available on the Web Site of the Utah State Courts.

Posted by Mary Jane Ciccarello at 04:35 PM | Permalink | Comments (0) | TrackBacks (0)

In commemoration of National Library Week (April 12-18, 2009) the Utah State Law Library will be offering the following classes and tours:

Introduction to Resources for Self-Represented Parties
The class introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

When
Monday, April 13th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.
Wednesday, April 15th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.

Westlaw Basics
This class will teach you how to search for case law, statutes, and other information using specialized search techniques. You will also learn about the various options for printing and saving.

When
Tuesday, April 14th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.

Introduction to HeinOnline
HeinOnline provides access to historic and current legal publications, including law reviews and Federal material, and includes content not available on Westlaw or LexisNexis. Learn how to access these documents and view, print, and download them in PDF form.

When
Thursday, April 16th 12:30 - 1:30 p.m. and 3:30 - 4:30 p.m.

----------------------------------------------------------------------------------------
Register Today!
Registration is required for all classes. To reserve your spot:
• Call 238-7990
• Email library@email.utcourts.gov
• Or, stop by the State Law Library

Where
All classses will be held at the Utah State Law Library
Matheson Courthouse, 450 South State Street, Room W-13

Posted by Jessica Van Buren at 09:14 AM | Permalink | Comments (0) | TrackBacks (0)

Do you have questions about traffic school?

Traffic school locations, dates, and fees vary by city and county. Most traffic matters are handled in justice court, so you should contact the relevant justice court for information about how they handle traffic citations, including traffic school locations, times, and costs.

Many justice courts have their own web pages linked from the official city or county website. Select a city or county from the drop down list at Utah's City and County Government Resources and look for a link that says "court," "justice court," "municipal justice court" or something similar.

Taylorsville Municipal Justice court, for example, provides a General Information for Traffic Matters page, which includes information about traffic school.

Midvale City Justice Court and Murray Municipal Justice Court provide information about traffic school on their websites.

Not all justice courts have websites. You can use the Utah State Courts Directory to find phone number and address information for all justice courts in Utah.

For more information about traffic cases, check out the Utah State Court's Traffic Matters page.

Posted by Joanne Gialelis at 08:14 AM | Permalink | Comments (0) | TrackBacks (0)

We've received several questions recently about court-ordered community service. If you've been ordered to perform community service as part of your restitution, there are several ways of find out where you can complete this service:

1. Contact your local Adult Probation and Parole office. To find the location nearest you, choose a region number under "Learn More."

2. The court clerk's office may have copies of court-ordered community service locations.

3. You can also find a list of court-ordered community service locations online through 2-1-1.

Ask the clerk's office how they would like you to report your community service hours.

Posted by Joanne Gialelis at 09:00 AM | Permalink | Comments (0) | TrackBacks (0)

On May 12, 2009 Utah's small claims court jurisdiction will increase from $7,500 to $10,000.

Small claims courts use simplified rules of procedure and evidence. They are designed so that people can go to court to resolve their disputes for amounts under the jurisdictional limit without an attorney.

In Utah, small claims cases can be heard in District and Justice courts.

While the small claims process is designed to be easier for the self-represented person, cases can get complicated, so consider some of the options on the court's Finding Legal Help page including mediation, legal clinics and limited legal help.

Additional small claims resources:

• Information about small claims cases
  
• Small claims forms
  
• Utah Rules of Small Claims Procedures
  
• Small claims mediation
  

Posted by Jessica Van Buren at 05:00 PM | Permalink | Comments (0) | TrackBacks (0)

What's the difference between a district court and a justice court? Why do the names of courts differ from state to state? How can you tell which court you should be in? To help answer some of these questions, the National Center on State Courts has published charts showing the structure of courts in every state.

Posted by Mary Jane Ciccarello at 03:52 PM | Permalink | Comments (0) | TrackBacks (0)

We get a lot of questions about criminal penalties in the law library.

The court's Criminal Penalties page explains the difference between felonies, misdemeanors and infractions. It also provides information about the different degrees and classes and the possible penalties - imprisonment and fines - for each level of offense.

The page also describes some of the things a judge considers when imposing a sentence, and provides an outline of the sentencing process.

Posted by Jessica Van Buren at 07:35 AM | Permalink | Comments (0) | TrackBacks (0)

On June 1, 2009, U.S. citizens will have to present a passport book, passport card, or other travel documents approved by the U.S. government in order to enter the United States from Canada, Mexico, the Caribbean and Bermuda.

In an effort to help people get the required documents before this change goes into effect, regional Passport Agencies and local Passport Acceptance Facilities will be open Saturday, March 28th as part of Passport Day in the USA.

From the press release:

U.S. citizens will receive passport information and can apply for their passport at “Passport Day in the USA” events. For this day only, appointments and expedite fees are not required for those applying at a Passport Agency. Applicants can expect to receive their passport in approximately four weeks for routine service and about two to three weeks for expedited service.

These Utah passport offices are participating in Passport Day in the USA:

Davis County Clerk/Auditor
28 East State Street
Farmington
(801) 451‐3213

Iron County Clerk
68 South 100 East
Parowan
(435) 477‐8340

Uintah County Clerk/Auditor
147 E Main
Vernal
(435) 781‐5361

Posted by Jessica Van Buren at 03:00 PM | Permalink | Comments (0) | TrackBacks (0)

Need to find an attorney, a legal clinic, or other legal assistance?

Now there's an online narrated tour available to help you get oriented to the Court's "Finding Legal Help" page.

This five minute audio tour shows you how to search for an attorney based on location, subject area specialty, and languages spoken. It also explains how to locate legal clinics in your area, and points out free or low-cost alternatives to retaining a lawyer.

You'll need to download and install the Adobe Flash Payer before viewing the tour. Download it free here.

Posted by Mari Cheney at 11:09 AM | Permalink | Comments (0) | TrackBacks (0)

On May 12th some of the court's civil filing fees will be increasing. You can see all the fee changes by reading the enrolled copy of Senate Bill 184.

A few sample increases:

• Divorce or Separate Maintenance - increasing from $155 to $310
  
• Expungement - increasing from $65 to $135
  
• Garnishment - increasing from $35 to $50
  
• Modification of a divorce decree - increasing from $40 to $100
  
• Trial de novo from a Justice Court or small claims case - increasing from $75 to $225
  

Posted by Jessica Van Buren at 11:04 AM | Permalink | Comments (0) | TrackBacks (0)

Wondering about bankruptcy? Whether you should file for Chapter 7 or Chapter 13? Or what property you might be able to keep after you file?

If you missed the last Bankruptcy Basics class, you don't have to wait until the next live class to get information.

The U.S. Bankruptcy Courts have produced an 8-part video series describing the type of debts that are discharged, the steps required to complete the bankruptcy process, and more.

Bring your questions to the next Bankruptcy Basics class on April 7 at 7 p.m. at the Columbus Library.

Posted by Mari Cheney at 12:05 PM | Permalink | Comments (0) | TrackBacks (0)

Utah law recognizes the importance of the parent-child relationship. However, sometimes it may be in the best interests of a child for the parent's rights to be terminated. In some cases, the State of Utah or some other party may ask the court to terminate a parent's rights. Or, the parent may want to terminate his or her own rights.

Utah law allows a parent to voluntarily relinquish--or give up-- his or her parental rights. There is a specific court procedure for this. Information and forms for this procedure are now available on the court website.

Posted by Mary Jane Ciccarello at 01:03 PM | Permalink | Comments (0) | TrackBacks (0)

For information about consumer law issues and advocacy tips, see the National Consumer Law Center.

This site provides useful consumer brochures like What You Should Know About Debt Collection and also has a special section on consumer information for seniors.

Posted by Mary Jane Ciccarello at 09:45 AM | Permalink | Comments (0) | TrackBacks (0)

If you've bought a new car, motorcycle or motor home and are having persistent problems with it that can't be repaired, you may have a lemon on your hands.

Utah's New Motor Vehicle Warranty Act (aka the Lemon Law), Utah Code §13-20-1 et seq. defines when a new vehicle is considered a lemon, and what your remedies are. Used car purchases are not covered under the Lemon Law.

The Division of Consumer Protection has created rules related to this law - New Motor Vehicle Warranty Rules, Utah Administrative Code R152-20

The Utah Division of Consumer Protection's Automobiles page has more information about the Lemon Law, as well as other car-related issues.

Posted by Jessica Van Buren at 08:05 AM | Permalink | Comments (0) | TrackBacks (0)

Hate those annoying phone calls from telemarketers just as you're sitting down for dinner?

By now you should know about the National Do Not Call Registry, which allows you to register your phone number telling telemarketers you don't want to hear from them. It used to be that you had to re-register your number after 5 years, but the Do-Not-Call Improvement Act of 2007 (P.L. 100-187) now makes registratration permanent.

You can register up to three telephone numbers at a time, including cell phone numbers. It can take up to 31 days from when you register for telemarketers to remove you from their call lists.

Some Limitations
Registering will not stop all calls. Political organizations, charities, and telephone poll-takers are still allowed to call you. Registration is for personal phone numbers only - not fax numbers or business numbers. Information about stopping unwanted faxes is available on the FCC website

Filing a Complaint
If you registered more than 31 days ago and a telemarketer you think is covered by the National Do Not Call Registry has called, you can file a complaint:

Online: www.donotcall.gov
Toll-free at 1-888-382-1222 (TTY: 1-866-290-4236)

Posted by Jessica Van Buren at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

Yesterday Joanne blogged about identity theft. One way to monitor your credit history for suspicious activity is to request a copy of your credit report each year.

The Fair Credit Reporting Act (FCRA) requires that each of the three nationwide credit reporting companies - Equifax, Experian and TransUnion - provide you with a free copy of your credit report upon your request every 12 months. You can request your reports online, via a toll-free phone number or by mail.

http://annualcreditreport.com

Beware of imposter websites! This is the only authorized website to request your credit reports!

1-877-322-8228

Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281

For more information about getting free credit reports, read the FTC's publication Your Access to Free Credit Reports.

Posted by Jessica Van Buren at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

If you're a Utah resident and a victim of identity theft, you can use the state's Identity Theft Reporting Information System (IRIS) to report it. You can also check on the status of an existing case.

IRIS also provides step-by-step guidelines for resolving situations related to identity theft, such as unauthorized credit card charges or lost identification cards.

IRIS also has general education resources such as scam and identity theft alerts to keep you posted on data breaches happening locally and nationally, a media center with videos featuring topics such as credit freeze and phishing, as well as an interactive timeline where you can learn about how identity theft laws were created in Utah.

The Federal Trade Commission has additional educational resources for consumers, including tips to minimize your risk for becoming a victim.

Posted by Joanne Gialelis at 09:15 AM | Permalink | Comments (0) | TrackBacks (0)

March 1 - 7 is National Consumer Protection Week.

In honor of this week, State Law Library staff will blog on a variety of consumer-related topics including identity theft, junk mail, Utah's lemon law, the National Do Not Call Registry and how to request your free credit reports. Stay tuned for these informative posts!

Posted by Jessica Van Buren at 07:15 AM | Permalink | Comments (0) | TrackBacks (0)

This free class will teach you how to search for case law, statutes, and other information using specialized search techniques. You will also learn about the various options for printing and saving.

When
Thursday, March 12th 3:30 to 4:30 p.m.

Where
Utah State Law Library
450 South State Street, Room W-13

Register Today!
Registration is required. To reserve your spot:
• Call 238-7990
• Email library@email.utcourts.gov
• Or, stop by the State Law Library

Posted by Jessica Van Buren at 08:18 AM | Permalink | Comments (0) | TrackBacks (0)

What if you are in the middle of a divorce action but need child support now?

Parties sometimes need to have temporary orders in place while settling their disputes.

Temporary orders govern child custody and support, parent time, property distribution and other matters during the divorce or parentage proceedings. The parties must follow the temporary orders until they are changed or until final judgment in the case.

Checklists and forms for the court process of obtaining temporary orders are now available on the court website.

Posted by Mary Jane Ciccarello at 04:49 PM | Permalink | Comments (0) | TrackBacks (0)

Utah law allows a parent to temporarily delegate legal authority of a minor child by completing a power of attorney form. A court-appointed guardian can delegate authority over a protected person in the same way. The delegation can last up to six months at a time. To delegate authority, the parent or guardian must complete a power of attorney form.

Information about the delegation of powers, a checklist, a power of attorney form, and a form for the revocation of the power of attorney are now available on the court website.

Posted by Mary Jane Ciccarello at 10:02 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Law Library will be offering two classes for the public in February.

The class introduces the resources available for people representing themselves in court, including how to find an attorney, legal clinics, forms, the Online Court Assistance Program and other resources. The presentation will be followed by a tour of the Utah State Law Library introducing the print and electronic resources available.

The classes will be held Monday February 9th and Friday February 27th, from 3:30 to 4:30 p.m.

Registration is required because class size is limited. Please call 801-238-7990 or email library@email.utcourts.gov to reserve your spot.

The Utah State Law Library is located in the Matheson Courthouse at 450 S. State Street, Room W-13.

Posted by Jessica Van Buren at 12:08 PM | Permalink | Comments (0) | TrackBacks (0)

It's a sad sign of the times, but more Americans are in debt trouble these days.

If you're being contacted by debt collectors you may feel like you're under seige. A debt collector is any person, other than the original creditor, who regularly collects debts owed to others. This includes lawyers who collect debts on a regular basis. You have the right to be treated fairly by debt collectors.

The Federal Fair Debt Collection Practices Act (FDCPA) spells out what debt collectors can't do when pursuing payment. Utah also has its own Consumer Credit Code.

The Federal Trade Commission's Credit & Loans: In Debt? page provides a number of helpful fact sheets for those struggling with debt-related issues. The Utah Attorney General's Office Protecting Utah from Fraud page provides links to other resources.

If you feel a debt collector has violated the law, you can report them to the Utah Attorney General's Office and the Federal Trade Commission. You also have the right to sue them in a state or federal court within one year from the date the law was violated.

Posted by Jessica Van Buren at 01:37 AM | Permalink | Comments (0) | TrackBacks (0)

Many people can't afford to hire an attorney.

Limited legal help, also known as limited scope legal representation or unbundled services is an affordable alternative to hiring an attorney to take care of your entire case, also known as full representation. Handling your case entirely on your own takes time and patience and can be confusing and frustrating. People who represent themselves in court are expected to know and follow the same rules that attorneys do.

Under a limited legal help arrangement an attorney and client agree that the attorney will provide specific services for a predetermined fee. For example, the attorney and client could agree that the attorney:

- will only advise the client about the strength of the case, or
- help draft a document, or
- review a document the client has drafted, or
- coach the client for a negotiation, or
- help with the discovery process, or
- coach the client for a hearing, or
- appear in court on behalf of the client for one hearing only, or
- any combination of these kinds of services

Not all cases are suited for limited legal help, and the idea of limited legal help is just beginning to be adopted by attorneys in Utah. Find the names of a couple of attorneys using the Utah Bar Association's Lawyer Referral Directory and talk about the possibility of hiring them to provide you with limited legal help.

Here are lists of attorneys in some areas of the state who offer limited legal help:

2nd District (Davis County - compiled by Davis County Bar Association)
4th District (Utah County - compiled by Central Utah Bar Association)
5th District (Cedar City and St. George - compiled by Southern Utah bar association)

Posted by Jessica Van Buren at 08:13 AM | Permalink | Comments (0) | TrackBacks (0)

The Utah State Courts' Annual Report to the Community is now available online.

The Report highlights the Self-Help Center and the Utah State Law Library, as well as the reorganization of court clerks.

Posted by Mari Cheney at 07:37 AM | Permalink | Comments (0) | TrackBacks (0)

A new Filing Procedures web page explains the ins and outs of a sometimes confusing part of the court process.

Posted by Jessica Van Buren at 01:01 AM | Permalink | Comments (0) | TrackBacks (0)

The Bankruptcy Law Network is a great online resource if you have questions about bankruptcy and want information from a reputable source. The web site content is created and vetted by bankruptcy attorneys and consumer advocates from across the United States and the authors write about topics like filing for Chapter 7, 11, and 13 bankruptcy, when to consult a bankruptcy attorney, and specific types of debt bankruptcy does or does not erase.

If you are interested in reviewing more material about bankruptcy, the Law Library has a selection of Nolo books, written in plain language, that you are welcome to read in the library. The Nolo titles include Chapter 13 Bankruptcy, How to File for Chapter 7 Bankruptcy, and The New Bankruptcy: Will it Work for You?.

Posted by Mari Cheney at 08:58 AM | Permalink | Comments (0) | TrackBacks (0)