Checklist for Affidavit and Summons
Keep a copy of all documents for your records. Attend all court hearings. (1) Coversheet Print your name and address and those of the other parties and lawyers (if known). Print the amount of damages you are claiming. Do not check the "jury demand" box. Jury trials are not authorized in small claims cases. The amount of damages you are claiming determines the filing fee. Check the correct filing fee in the "Small Claims" section. Page 2 does not apply. (2) Affidavit and Summons Print your name and contact information at the top of the first page. Check whether you are the plaintiff or the attorney for the plaintiff. Check whether you are filing in district court or justice court and print the county and judicial district. Print the court address. The plaintiff's name. If you are suing in your personal capacity use your name. If you are representing a business with a trade name, including a corporation, partnership or solely owned business, use the business' trade name. The defendant's name. If you are suing a natural person, use the person's name. If you are suing a business with a trade name, including a corporation, partnership or solely owned business, use the business' trade name. Contact the Department of Commerce to obtain a corporation's name and the name of its registered agent. Case number. Leave blank. The judicial services representative assigns the case number. Paragraph (1): Enter the amounts claimed in the spaces provided. Include in the principal amount any interest accrued to the date of filing. Do not file an amended Affidavit to claim interest between the filing date and the judgment date. If the court grants judgment, the court will include prejudgment interest in the judgment if you qualify for it. Paragraph (2): Enter the date on which the events happened. Describe the facts. Paragraph (3): Check either or both boxes that apply. Paragraph (4): Check the box. You cannot sue in small claims a governmental entity or governmental employee for on-the-job conduct. Paragraph (5): Check the box. You cannot sue in small claims if the claim has been assigned to you. 1 2009.04
Omit any private or protected information. When filed, this document is a public record. Code of Judicial Administration Rule 4-202.09(9) requires that you omit from a public record any information that is not itself public information. For a list of records, data and information classified as public, private, and protected, see Rule 4-202.02. Signature. Sign the Affidavit under oath before a notary or a judicial services representative. Summons. Leave blank. The judicial services representative will schedule a trial date and complete the Summons, but you must arrange for serving it. (3) To file the Affidavit and Summons A small claims case must be filed in the court where the defendant resides or where the claim arose (where the events happened). Depending on the circumstances this may be the justice court or the district court. Judicial Districts 1, 5, 6, 7, 8. If the defendant resides or the claim arose within a municipality and if the municipality has a justice court, file the case in the municipal justice court. If the municipality has no justice court, file the case in the county justice court. If the defendant resides or the claim arose in the unincorporated county, file the case in the county justice court. If there is no municipal or county justice court, file the case in the district court. If there is more than one district court in the county, file the case in any of them. Contact the judicial services representative to see whether there are restrictions. Judicial Districts 2, 3, 4. At the option of the plaintiff, file the case in any district court or justice court of the county or municipality in which the defendant resides or the claim arose. Contact the judicial services representative to see whether there are restrictions. (4) To serve the Affidavit and Summons The judicial services representative will give you a copy of the Affidavit and Summons to serve on the defendant. The Affidavit and Summons must be served on the defendant by one of the following methods at least 30 days before the trial date. If the defendant cannot be served by one of these methods, the plaintiff must refile the case as a civil complaint and obtain alternative service under Utah Rule of Civil Procedure 4. (a) Mail a copy of the Affidavit and Summons to the defendant by any method that requires the defendant to acknowledge receipt with a signature. (Examples are registered or certified mail with return receipt signed by addressee only or a commercial courier service that will return a receipt signed by the addressee only.) The date of service is the date the defendant signs the receipt. Note that this method of service is effective only if the defendant is willing to sign the receipt. If not, the plaintiff must deliver the Affidavit to a professional process server under (b). OR 2 2009.04
(b) Deliver the Affidavit to one of the officials authorized by Utah Code Section 78B-8-302, who will serve it on the defendant and file a Certificate of Service with the court. (5) Certificate of Service of Affidavit and Summons If a sheriff, constable or private process server serves the Affidavit and Summons on the defendant, that person will complete and file a Certificate of Service. If you serve the Affidavit and Summons on the defendant by mail or commercial courier, you must complete and file the Certificate of Service form and attach the original signed receipt. Print your name and contact information at the top of the first page. Check whether you are the plaintiff or the attorney for the plaintiff. Complete the heading exactly as it appears in the Affidavit. Print the name and address of each person served. Check whether service was by mail or a commercial courier. Print the date that the defendant signed the receipt. Attach the original receipt. Date and sign the form. File the form and receipt within 10 days after service. If the form is not filed and the other party fails to appear at trial, the judge will not grant a default judgment.