78A-8-102 - Small claims -- Defined -- Counsel not necessary -- Deferring multiple claims of one plaintiff -- Supreme Court to govern procedures. - Utah Statutes

78A-8-102. Small claims -- Defined -- Counsel not necessary -- Deferring multipleclaims of one plaintiff -- Supreme Court to govern procedures.
(1) A small claims action is a civil action:
(a) for the recovery of money where:
(i) the amount claimed does not exceed $10,000 including attorney fees but exclusive of courtcosts and interest; and
(ii) the defendant resides or the action of indebtedness was incurred within the jurisdiction ofthe 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 theamount claimed does not exceed $10,000 including attorney fees but exclusive of court costs andinterest.
(2) The judgment in a small claims action may not exceed $10,000 including attorney fees butexclusive of court costs and interest.
(3) Counter claims may be maintained in small claims actions if the counter claim arises out ofthe transaction or occurrence which is the subject matter of the plaintiff's claim. A counter claim maynot be raised for the first time in the trial de novo of the small claims action.
(4) (a) With or without counsel, persons or corporations may litigate actions on behalf ofthemselves:
(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 anemployee of the person or corporation and is not licensed to practice law only in accordance with theUtah rules of small claims procedure as promulgated by the Supreme Court.
(5) If a person or corporation other than a municipality or a political subdivision of the statefiles multiple small claims in any one court, the clerk or judge of the court may remove all but the initialclaim from the court's calendar in order to dispose of all other small claims matters. Claims so removedshall be rescheduled as permitted by the court's calendar.
(6) Small claims matters shall be managed in accordance with simplified rules of procedure andevidence promulgated by the Supreme Court.

Amended by Chapter 147, 2009 General Session