Judicial Court

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Delta City
Justice Court
71 South 200 West
Delta, UT 84624-9440
435.864.1403

Hours of Operation:
Monday-Friday
8:00AM to 5:00PM
(Closed on Federal Holidays and on Utah's Pioneer Day)

Court-3RD
Wednesday, by appointment

Delta City

Justice Court

West Millard Court Facility

71 South 200 West

PO Box 854

Delta, Utah 84624

435.864.1403

 

Hours of Operation:
Monday -Friday
8:00AM to 5:00PM
(Closed on Federal Holidays and on Utah's Pioneer Day)

Court - 3RD
Wednesday, by appointment

Paying Court Fines and Fees

Pay Online:

­Citations, fees and fines

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.

Parking Violations

Parking Ordinance

  1. Parking Prohibited. In order to facilitate the removal of snow on public streets located within Delta City, no person who owns or has possession, custody, or control of any vehicle or trailer shall park such vehicle or trailer upon on any street or alley that is bordered by curb or gutter located within Delta City between the hours of 9:00 p.m. and 9:00 a.m. from November 1 of each year to March 31 of the following year.

 

  1. Penalty. Violation of this Ordinance shall be an infraction.

The fine for this infraction is $20.00 for the first citation. Subsequent violations will be $40.00.

Defendant is given notice to appear not less than (5) days or less than (14) days after issuance of citation. Convicted/ Forfeited citations may be paid at Delta City Justice Court. Their hours are 7:00 am through 6:00 pm Monday through Thursday. They may also be paid online at utcourts.gov or the drop box at the Delta City Offices at 76 North 200 West.

Traffic Citations

If you were pulled over and received a citation, you are required to give the Court 5 days to receive your citation information before you try to resolve the citation.  You will be given 20 days from the date the citation appears on the court computer system to resolve your citation before late fees will be added, and 30 days before a warrant will be issued.

Registration Violations

This applies to traffic citations (not parking tickets).

If your vehicle was registered at the time of the citation, you may be eligible for a dismissal if proof of registration along with proof that the registration was paid prior to the citation is provided within 20 days of the violations.  Please bring in proof to the court clerk or call the court at 435-864-1403 with questions.

Insurance Violations

Per the Uniform Fine/Bail Schedule, the fine for a first offense of No Proof of Insurance is $400 (excluding delinquent or warrant fees).

A violation of No Proof of Insurance can be dismissed when verification in the form of a letter is presented to the court with the following required information:

  • Letter must be on insurance agency letterhead.
  • Current date.
  • Name of insured.  If the name is different than the person who received the citation, the letter must include an explanation indicating that the driver had the permission of the owner and is covered under that policy.
  • Vehicle description (must match the vehicle on the citation).
  • Coverage was in effect on the date and time the citation was issued.
  • Agent's signature.
  • Citation or case number.

If you are unable to meet the above requirements, you may be eligible to receive a $200 credit towards your fine for obtaining insurance after the citation was issued.  To receive this credit, you must present a letter to the court with the following information:

  • Letter must be on insurance agency letterhead.
  • Current date.
  • Name of insured.
  • Vehicle description (must match the vehicle on the citation).
  • Coverage was in effect within 20 days of the date the citation was issued and the policy is still in effect.
  • Agent's signature.
  • Citation or case number.

Present this letter in person to the court clerk at Delta City Justice Court.

Please be aware that payment of part or all of an insurance violation will be reported to the driver's license division, which may require you to carry SR22 insurance.  This is a State requirement that can not be waived by the court.

If you have received more than one citation for an insurance violation with our court, you will be required to appear before the justice court judge.

Fix-it Violations

Fix-it tickets need to be signed off by a Millard County officer at the Sheriff’s office in Delta or Fillmore and turned into the court within 14 days of the violation to be eligible for dismissal.

Courthouse Rules

  • 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 Schedule

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.

2017 Schedule: March 18, February 15, March 15, April 19, May 17, June 21, July 19, August 16, September 20, October 18, November 15 and December 20 .

Representing Yourself

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:

Court-Appointed Counsel

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.

Hearing Types

Select one of the following hearing types to learn more:  

 

The chart below illustrates the typical flow of a case that is handled in front of the judge.

Arraignment

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.

Pre-Trial Conference

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.

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

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.

Review Hearing

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).

Small Claims

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).

The fee to file a small claims case is:

$60 if the claim is less than $2,000

$100 if the claim is for $2,001 - $7,500

$185 if the claim is for $7,501 - $10,000

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 theutcourts.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.

City Prosecutor

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.