Checklist For Affidavit And Summons
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5Checklist for Affidavit and Summons
•You must complete a form before you file it. These instructions will help you complete the
forms.
•The judicial services representative cannot complete a form for you.
• Attach a copy of any document referred to in the form.
• Keep a copy of all documents for your records.
• Attend all court hearings.
• Some forms may not apply in your case.
(1) Affidavit and Summons
IMPORTANT NOTICE—You must file all claims arising out of the same event or
is
transaction in one lawsuit, whether that
in small claims court or in the district
court. For example, if you have had an auto accident, and are seeking to recover
money for property damage (such as the cost of repairing your car), and also for
personal injuries, you must file all of your claims in one lawsuit. You may file in
small claims court or in district court, but you cannot "split" your claims into two
separate lawsuits. If you file in small claims court, your total recovery cannot
exceed the jurisdictional limit. See Allen v. Moyer, 2011 UT 44.
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.
The plaintiffs 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 court clerk 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.
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