78A-7-105. Jurisdiction of a county justice court.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 78A-7-105- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (a) |
The territorial jurisdiction of a county justice court extends to the limits of the precinct for which the justice court is created and includes all municipalities within the precinct, other than a municipality where a municipal justice court exists. |
| (b) |
Subject to Subsection (1)(c), a county or district attorney may file a class B or C misdemeanor offense in a county justice court, regardless of where the act occurred, if:
| (i) |
the same offense could have been filed as a class A misdemeanor in district court; |
| (ii) |
the county or district attorney files the offense described in Subsection (1)(b)(i) pursuant to Subsection 77-2-2.3(1)(a); and |
| (iii) |
the case was submitted to the county or district attorney’s office for prosecution. |
|
| (c) |
A prosecutor may not file a class B or C misdemeanor offense in a county justice court if the facts support the filing of the charged offense as a felony under Section 76-3-103. |
| (d) |
Notwithstanding Subsection (1)(a), the territorial jurisdiction of a county justice court extends to any municipality within the precinct where the act, filed as a class B or C misdemeanor under Subsection (1)(b), occurred. |
|
| (2) |
The territorial jurisdiction of municipal justice courts extends to the corporate limits of the municipality in which the justice court is created. |
| (3) |
Justice court judges have the same authority regarding matters within their jurisdiction as judges of courts of record. |
| (4) |
A justice court may issue all extraordinary writs and other writs as necessary to carry into effect its orders, judgments, and decrees. |
| (5) |
| (a) |
Except as provided in this Subsection (5), a judgment rendered in a justice court does not create a lien upon any real property of the judgment debtor unless the judgment or abstract of the judgment:
| (i) |
is recorded in the office of the county recorder of the county in which the real property of the judgment debtor is located; and |
| (ii) |
contains the information identifying the judgment debtor in the judgment or abstract of judgment as required in Subsection 78B-5-201(4)(b) or as a separate information statement of the judgment creditor as required in Subsection 78B-5-201(5). |
|
| (b) |
The lien runs for eight years from the date the judgment was entered in the district court under Section 78B-5-202 unless the judgment is earlier satisfied. |
| (c) |
State agencies are exempt from the recording requirement of Subsection (5)(a). |
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Amended by Chapter 339, 2022 General Session
