The Court may order that you report for a pre-sentence evaluation. If the Court so orders, then you will be instructed to report to an agency which will prepare your report. The Court can explain the base fine, surcharge, Court Security fee and moving violation surcharge associated with any fine imposed by the Court. You can view the Uniform Fine and Bail Schedule to find out the recommended fine or bail for your offense s.
You may receive probation from the Court in lieu of a jail term. If the Court imposes probation, the Court will explain to you each of the terms and conditions of your probation. Probationers are not permitted to leave the State of Utah without prior permission from the Court. Probationers are required to notify the Court of any change of address within 48 hours. You must full comply with each term of your probation.
However, the following general information is provided as a guide to assist criminal defendants. Some crimes have been designated as non-mandatory appearance matters. If you are cited for crime for which your appearance in court is not mandatory, you may contact the Court to find out the amount of the bail for your offense s. If you do not dispute the accusation, you may choose to simply pay the bail amount. If you wish to dispute the accusation or if you are accused of a crime for your which appearance in court is mandatory, you must appear at the Court in not less than five 5 days and not more than fourteen 14 days after issuance of the citation.
Open court is held Tuesdays from p. Additional information may be provided to you by the Clerk concerning your hearing or case. The first step in the judicial process for criminal matters is an arraignment. At the arraignment, you will be notified of the charge s brought against you, the location at which they are alleged to have occurred, and the date and time at which the crimes are alleged to have occurred.
You are not required to enter a plea at this time. An attorney will only be appointed to assist you if you cannot afford one and if you can be jailed if you care convicted of the crime s charged. If an attorney is appointed, you may be required to repay some or all of the cost of the attorney if you are convicted. If you plead not guilty, your case will be set for a pretrial conference. If you plead guilty or no contest, you may be sentenced immediately or you can ask the court to delay sentencing for at least two days.
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Be sure that you fully understand the rights you will give up before you enter your plea. At the Pretrial Conference, you will have the opportunity to discuss your case with the prosecutor. You are not required to discuss your case with the prosecutor. However, it is an opportunity to tell your side of the events. The prosecutor may offer to reduce the charge in exchange for your guilty or no contest plea "plea bargain". If you and the prosecutor are unable to resolve your case at the pretrial conference, your case will be set for a jury or bench trial.
In a bench trial, the Court will hear the evidence presented by both sides, then decide whether you are guilty or not guilty. Since the prosecution has the burden of proof to prove their case beyond a reasonable doubt, they have the first opportunity to present the case to the court. Either side may present testimony by witnesses or submit documents, subject to the Utah Rules of Evidence and the Utah Rules of Criminal Procedure.
This is done be presenting additional testimony or evidence. The prosecution gets to speak first, then you will get to argue your case, followed by a final argument by the prosecution. If you are found not guilty, then you are free to go and the proceedings will end. If you are found guilty, then you can ask the court to delay your sentencing for at least two days.
In most cases, you may waive this right and hear your sentence immediately. The Court may order that you take a blood test or report for a pre-sentence evaluation. If the Court so orders, then you will be instructed to report to an agency.
It is important that you follow the instructions given to you as your failure to comply with the Court's order may result in a warrant being issued for your arrest. You may receive probation from the Court. If the Court imposes probation, the Court will explain each of the terms and conditions of your probation to you.
You must fully comply with each term and condition of probation. The Supreme Court has adopted "simplified rules of procedure and evidence" called the Rules of Small Claims Procedures. If you have any questions not addressed in these instructions, refer to the Rules of Small Claims Procedures or the Utah Code. Prior to hearing your trial, you will be scheduled to meet with a mediator to see if your case can be resolved without a trial.
You are the "plaintiff" in this case and the person you are suing is the "defendant.
Claims must be for the money damages only. The Small Claims Court cannot be used to sue for possession of property or to evict a tenant.blacksmithsurgical.com/t3-assets/romance/the-sweetest-and-the.php
You may not sue a governmental entity using small claims procedures. To sue a governmental entity you must comply with special statutory procedures and the Utah Rules of Civil Procedure. The debt must be owed to you.
An employee may represent an employer, but you may not bring an action on behalf of anyone else. The Small Claims Court has jurisdiction over cases in which the defendant resides or the debt arises within the geographic boundaries of the court. It is your responsibility to serve the defendant. You can serve the defendant by:. The clerk will set a trial date and give you a copy of the Affidavit with the trial date on it. If you fail to appear at trial, your case will be dismissed "with prejudice" and you may not be able to re-file your claim.
If the defendant files a Counter Affidavit against you, trial may be rescheduled. If you fail to appear at trial after a Counter Affidavit has been filed, judgement may be entered against you for the amount requested in the Counter Affidavit. You have had a lawsuit filed against you. If you fail to appear at trial, judgement may be entered against you for the amount requested. If you do not dispute the claim, make arrangements with plaintiff to pay the claim and the court costs.
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If the plaintiff obtains judgement and pursues collections through the court, additional court costs and interest may be charged to you. If the plaintiff owes you money, you may file a Counter Affidavit on a form provided by the clerk. The Court Clerk will mail a copy of the Counter Affidavit to the plaintiff. Read them. Small Claims cases are informal. Parties are encouraged to represent themselves. However, you may hire an attorney if you wish.
Parties with attorneys will not get preferential treatment. If the claim is settled prior to the trial date, call the court for instructions. If you want to change the trial date, you must request a "Continuance. The court must receive your Request for Continuance form at least five calendar days before trial. The court Clerk can grant a continuance of up to 45 calendar days. A longer continuance may be granted only by the judge. Each side can only get one continuance from the Court Clerk. It is extremely important that you bring with you to trial all witnesses and papers necessary to prove your claim or defense.
If you fail to do this, the case may be decided against you.
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Strict rules of evidence do not apply in trials of small claims actions. Irrelevant or unduly repetitious evidence will be excluded. A court may receive the type of evidence commonly relied upon by reasonably prudent persons in the conduct of their serious business affairs. The judge may allow hearsay that is probative, trustworthy and credible.
If at all possible, witnesses should testify about their first hand knowledge. However, if possible, a party should have witnesses to testify rather than rely on hearsay.
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Claims based entirely on hearsay will generally be disallowed. Evidence should be offered through the statements of live witnesses at trial, except that written statements such as repair bids, appraisals, repair bills and medical bills may be used instead of live testimony to establish the amount of a claim. If you intend to rely on such written statements, you should bring them with you.
If your case involves a damaged item, you should give the other party a chance to inspect the damage prior to trial. The judge will question the parties and witnesses.