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Rule 1.General provisions.

 

(a)    Theserules constitute the simplifiedrules of procedureand evidence in small claims cases required by the Utah Code and shall be referred to as the Rules of Small Claims Procedure. They are to be interpretedto carry out thestatutory purpose of small claims cases, dispensing speedy justice between theparties.

 

(b)   Theserules apply to the initial trial and any appeal under Rule 12.? These rules do notapply to an action transferred from justicecourt to the generalcivil calendar of the district court,except as set out in Rule 12.

 

(c)    If the SupremeCourt has approved a form for use in smallclaims actions, partiesmust file documentssubstantially similar in form to theapproved form.

 

(d)   By presentinga document, a party is certifyingthat to the best of theparty's knowledge it is not beingpresented for an improper purposeand the legal and factual contentionsare made in good faith. If the court determinesthat this certification has been violated, the court may imposean appropriate sanctionupon the attorneyor party.

 

Committee Note:

In Simler v. Chilel, 2016 UT 23, the UtahSupreme Court concluded that ?the Utah Constitution guarantees the right to ajury trial in a small claims trial de novo.? By electing to file a complaintseeking a low damages award in district court, plaintiffs have always been ableto obtain a jury trial, but defendants have had no corresponding option. Theserules have been revised to include a mechanism for defendants to transfer theircases from justice court to the district court where a jury trial is availablein the first instance pursuant to the Utah Rules of Civil Procedure.? These rules now also provide a right to ajury trial in de novo appeals to the district court of a judgment in a smallclaims action tried without a jury.

 

Effective July 18, 2016