Utah Claims Process - Walker Morgan LLC

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Utah Claims Process

Utah Courts with Jurisdiction Over Civil Matters

UT

Justice Court Handles small claims, up to estimated damages of $10,000. District Court The primary trial courts; have general jurisdiction over most civil and criminal cases. Court of Appeals The court of general appellate jurisdiction; hears cases appealed from the lower courts. Supreme Court of Utah The highest court in the state; it will hear appeals from the lower courts.

$10,000 Justice Court

District Court

Court of Appeals

Supreme Court of Utah

general jurisdiction over most civil and criminal cases

hears cases appealed from the lower courts

highest court in the state; will hear appeals from the lower courts

Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 21 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.

Discovery

After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:

Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.

Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.

Trial

Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.

Trials can take from 1 Day

If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.

to 2 Weeks

Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in Utah.

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