Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 170 (2017GS)

Sponsor

Rep. Kwan, K.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill: 11a Ŝ→
• addresses jurisdictional limits for small claims court; ←Ŝ
• modifies a provision regarding a motor vehicle accident; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 16, 2017 at 2:04 PM by lpoole.
SMALL CLAIMS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
General Description:
This bill modifies provisions regarding a small claims court.
Highlighted Provisions:
This bill:
11a 
Ŝ→ 
▸ addresses jurisdictional limits for small claims court;
 ←Ŝ
▸ modifies a provision regarding a motor vehicle accident; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-8-102
, as last amended by Laws of Utah 2013, Chapter 368
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-8-102
 is amended to read:
78A-8-102.
Small claims -- Defined -- Counsel not necessary -- Removal from
district court -- Deferring multiple claims of one plaintiff -- Supreme Court to govern
procedures.
(1) A small claims action is a civil action:
(a) for the recovery of money [
where
] 
when
:
(i) the amount claimed does not exceed 
Ŝ→ [
$10,000
] 
$11,000
 ←Ŝ
 including attorney fees
,
29a but exclusive
of court costs and interest; and
(ii) the defendant resides or the action of indebtedness was incurred within the
jurisdiction of the court in which the action is to be maintained; or
(b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in
which the amount claimed does not exceed 
Ŝ→ [
$10,000
] 
$11,000
 ←Ŝ
 including attorney fees
,
 but
34a exclusive of
court costs and interest.
(2) (a) A defendant in an action filed in the district court that meets the requirement of
Subsection (1)(a)(i) may remove, if agreed to by the plaintiff, the action to a small claims court
within the same district by:
(i) giving notice, including the small claims filing number, to the district court of
removal during the time afforded for a responsive pleading; and
(ii) paying the applicable small claims filing fee.
(b) [
No
] 
A
 filing fee may 
not
 be charged to a plaintiff to appeal a judgment on an
action removed under Subsection (2)(a) to the district court where the action was originally
filed.
(3) The judgment in a small claims action may not exceed 
Ŝ→ [
$10,000
] 
$11,000
 ←Ŝ
45a including attorney
fees
,
 but exclusive of court costs and interest.
(4) [
Counter claims
] 
A counter claim
 may be maintained in 
a
 small claims [
actions
]
action
 if the counter claim arises out of the transaction or occurrence which is the subject
matter of the plaintiff's claim. A counter claim may not be raised for the first time in the trial
de novo of the small claims action.
(5) [
Claims
] 
A claim
 involving property damage [
to
] 
from
 a motor vehicle 
accident
may be maintained in 
a
 small claims [
actions
] 
action
, and any removal or appeal [
thereof
] 
of
the small claims action
, without limiting the ability of a plaintiff to make a claim for bodily
injury against the same defendant in a separate legal action. In the event that 
a
 property
damage claim is brought as a small claims action:
(a) [
any
] 
a
 liability decision in an original small claims action or appeal [
thereof
] 
of the
original small claims action 
 is not binding in [
any
] 
a
 separate legal action for bodily injury;
and
(b) [
no
] 
an
 additional property damage [
claims can
] 
claim may not
 be brought in [
any
]
a
 separate legal action for bodily injury.
(6) (a) With or without counsel, persons or corporations may litigate actions on behalf
of themselves:
(i) in person; or
(ii) through authorized employees.
(b) A person or corporation may be represented in an action by an individual who is
not an employee of the person or corporation and is not licensed to practice law only in
accordance with the Utah [
rules of small claims procedure as promulgated
] 
Rules of Small
Claims Procedure as made
 by the Supreme Court.
(7) If a person or corporation other than a municipality or a political subdivision of the
state files multiple small claims in any one court, the clerk or judge of the court may remove all
but the initial claim from the court's calendar in order to dispose of all other small claims
matters. [
Claims
] 
A claim
 so removed shall be rescheduled as permitted by the court's
calendar.
(8) [
Small claims matters
] 
A small claims matter
 shall be managed in accordance with
simplified rules of procedure and evidence [
promulgated
] 
made
 by the Supreme Court.
Legislative Review Note
Office of Legislative Research and General Counsel