Delta City Justice Court
at the West Millard Justice Court Facility
71 South 200 West
PO Box 854
Delta, Utah 84624
Hours of Operation:
8:00AM to 5:00PM
(Closed Federal Holidays &Utah's Pioneer Day)
Court - 3RD Wednesday, by appointment
Pay in Person:
Appear at the West Millard Court Facility located at 71 South 200 West Delta, Utah 84624, Monday - Friday (excluding most state & national holidays) between the hours of 8AM - 5PM.
Pay by Phone:
Payment by credit card can be made over the phone by calling 435-864-1400, Monday - Friday (excluding most state & national holidays) between the hours of 8AM - 5PM.
- Children causing disturbances will be asked to leave.
- PROPER DRESS IS REQUIRED. No shorts, tank-tops, halter-tops, mini skirts or clothing with inappropriate pictures or words. You may be asked to reschedule your hearing if you are not properly dressed.
- Cell phones must remain turned off during court. If the Judge sees it as a distraction, he will remove it until court is over.
Court is held the 3rd Wednesday of the month beginning at 10:30 a.m. This schedule does not include trial dates or specially scheduled hearings. Dates are subject to change. Contact 435-864-1403 to schedule a court date.
People who choose to represent themselves in court are called "pro-se" or "self-represented litigants". A person should think carefully before deciding to represent himself or herself. The process takes time, patience, and can be confusing. Pro-se parties are expected to know the same rules that attorneys do.
The justice court provides some resources, but court staff cannot provide legal advice. The staff can provide general information about court rules, procedures and schedules.
The following may be helpful resources:
During a court hearing the person charged with a crime (defendant) may request a court-appointed attorney (also known as public defender).
To determine if the defendant qualifies for a court-appointed attorney, he/she will need to fill out an Affidavit of Indigency (financial affidavit). This document is reviewed by the judge, and the judge determines if the defendant qualifies or not.
If the judge approves the request for a public defender, the defendant may be required at the later point in the case to pay all or at least a portion of the fee for the use of the public defender's services.
If a public defender is approved by the judge, the court will give the defendant information about how to contact the assigned public defender.
In a criminal case at the Delta City Justice Court, the plaintiff is the City of Delta (which is represented by a city prosecutor) and the defendant is the person being charged with a violation of a state or local law.
When the defendant appears for his or her first hearing before a judge, this hearing is called an arraignment. The defendant is notified of this hearing either through a court date given by the officer on the citation, being served with a summons or by receiving a notice by mail from the court.
At this hearing, the court notifies the defendant of his or her rights through a Waiver of Rights form which the defendant reviews and signs prior to having his or her case called before the judge.
When the case is called by the judge, the defendant is given a copy of the Information. This is a document that describes the alleged charges against the defendant.
The defendant must enter a plea at the arraignment hearing. The defendant may enter one of the following pleas:
- Guilty - This indicates to the court that the defendant admits to the charges contained in the information. At this point, the judge may pronounce sentence or continue sentencing to another date.
- No Contest - This plea has the same procedural effect as a guilty plea, but rather than admitting guilt, the defendant admits that the prosecutor would likely prevail at trial and that he or she does not want to contest the allegations.
- Not Guilty - This indicates that the defendant does not agree with the charges. The case will be set for a pre-trial conference.
At arraignment, the judge will also address the issue of counsel (an attorney). If the defendant requests a court-appointed attorney (also known as public defender), the defendant will need to fill out an Affidavit of Indigency (financial affidavit) for the judge to review and determine if the defendant meets the qualifications. If the prosecutor is not seeking jail time on the case, it is likely that the defendant's request for a public defender will be denied. If the judge approves the request for a public defender, the defendant may be required at a later point in the case to pay all or at least a portion of the fee for the use of the public defender's services.
At a pre-trial conference the prosecutor meets with the defendant (and defendant's counsel, if applicable) to attempt to negotiate a settlement of the case. If a settlement is reached, the prosecutor will present the settlement to the judge. The judge can accept or reject the proposed settlement.
If the case can not be settled at this hearing, the case will be set for a bench or jury trial.
A trial before a panel of peers with a judge presiding over the proceedings is a jury trial. A case tried before a judge is called a bench trial. A defendant charged with an infraction is not entitled to a jury trial.
Whether the case is tried by a judge or a jury, the procedure is essentially the same.
Since the prosecution has the burden of proof to prove their case beyond a reasonable doubt, they have the first opportunity to speak to the court. This is called an opening statement. The opening statement is an opportunity to briefly describe the evidence that will be presented and what that evidence will mean to the court or the jury. Neither side is required to make an opening statement. After the prosecution has made its opening statement, the defense can make their opening statement.
After the opening statements, the prosecution presents its case. The prosecutor will offer evidence to prove that a crime was committed and that the defendant committed the crime. After the prosecution is done, the defendant will have the opportunity to present his/her side of the story. Either side may present testimony by witnesses or through submitting documents in compliance with the rules of evidence.
After the defendant has presented his/her side of the story, then both sides will have the opportunity to rebut the evidence presented by the other side. This is done by presenting additional testimony or evidence.
After each side is done, closing arguments are made. During closing arguments, each side will have the opportunity to tell the court why they think the case should be decided in their favor.
The case is then submitted to the court or the jury for a determination as to whether the defendant is guilty or not guilty. If the defendant is found not guilty, then the proceedings will end. If the defendant is found guilty, then the court will enter the finding and proceed to sentencing.
Sentencing occurs after a defendant is found guilty by a judge or jury at trial or after the defendant enters a plea of guilty or no contest. The defendant has the right to wait to be sentenced no less than two days nor more than 45 days after he or she enters a no contest or guilty plea, or is found guilty after trial. The defendant may waive that right if the defendant wishes to be sentenced the same day of the trial or of the entry of a plea.
At sentencing, the judge imposes a sentence which can include a combination of jail time, fines, fees, community service and/or treatment.
The defendant may be placed on probation with the court or a private probation provider to monitor the conditions of the sentence and compliance with those conditions.
A review hearing is set to determine the current status of a case or to check on how the defendant is doing on probation.
A defendant should bring documentation to the review hearing that shows that the defendant is current with the conditions of his/her sentence (has completed jail time, is current with treatment, has completed community service hours, etc).
Delta City Justice Court has jurisdiction over small claims cases if the defendant (person being sued) resides in Delta City or the debt arose within the Delta City limits.
Small claims can be filed for a claim up to $10,000. The claim must be for actual damages in dollar amounts (can't file for treble damages).
Contact the court to find out small claims filing fees.
The court may provide the forms needed to file a small claims case, but recommends the plaintiff get the complete information and small claims forms on the utcourts.gov website.
After the case is filed with the court, the plaintiff (person filing the claim) is responsible to serve the defendant notice of the suit and the trial date. The return or proof of service to the plaintiff must be provided to the court before the court date.
Click here for complete information about small claims cases and sample forms.
The Prosecutor’s Office is not part of the court staff. The Prosecutor’s Office is part of the executive branch of government, and is independent from the court. If you need to contact the Prosecutor’s Office, you may call them at (435) 864-4357. The court clerk cannot talk to you about matters for which you need to see the prosecutor.