AGENCY: District Court (Third District : Summit County)

SERIES: 28481
TITLE: Domestic Case Files
DATES: 1993-
ARRANGEMENT: case number

DESCRIPTION: These case files from the Third District Court in Summit County document the legal process and the administration of justice in conjunction with a domestic proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed. These cases cannot legally be called "criminal cases." Records and documents pertaining to a particular action are filed together by the court clerk, who is required by the Rules of Civil Procedure to file pleadings and other legal papers. Collectively they constitute the case file.

A domestic action commences with the filing of a complaint with the court or by service to the defendant of a summons together with a copy of the complaint. A unique case number is assigned by the court when the papers are filed with the clerk. The case file for a particular action includes the original complaint or summons together with all legal papers subsequently filed in connection with the court proceeding through disposition or dismissal. Included are such documents as: depositions (or written testimony), interrogatories (a pretrial discovery tool in which written questions are propounded by one party and served to the adversary, who must answer by written replies made under oath), answers, counter claims, replies, motions, petitions, affidavits (written statements made under oath before an officer of the court, notary public, or other authorized person), stipulations (an agreement between attorneys that concerns business before a court and is designed to simplify, shorten, or settle litigation and save costs), exhibit documents (written contracts, bills, receipts, etc.), notices, objections, citations, sheriff's certificates, judge's orders and rulings, judge's instructions to the jury, judge's findings of fact and conclusions of law, final decrees, judgments, and executions (the process of carrying into effect a court's judgment, decree, or order).

Transcripts (an official and certified copy of what transpired in court or at an out-of-court deposition) and exhibits (items of real evidence) are not included in the case files.

Petitions for divorce are the predominant type of action in the domestic case files. Custody and support, paternities, protective orders and cohabitation certified copy of what transpired in court or at an out-of-court deposition) and exhibits (items of real evidence) are not included in the case files.

RETENTION

Permanent. Retain for 58 year(s)

DISPOSITION

Transfer to Archives.

RETENTION AND DISPOSITION AUTHORIZATION

These records are in Archives' permanent custody.

FORMAT MANAGEMENT

Paper: For records beginning in 1993 and continuing to the present. Retain in Office for 8 years and then transfer to State Records Center. Retain in State Records Center for 50 years and then transfer to State Archives with authority to weed.

APPRAISAL

Historical Legal

PRIMARY DESIGNATION

Public

SECONDARY DESIGNATION

Exempt. Judicial records are public unless restricted under rules of civil procedure (UCA 63G-2-301-[1][f]). Included are custody proceedings, guardianship files, minutes, & probate records. Wills are generally considered private until probate.