AGENCY: District Court (First District : Cache County)
SERIES: 22905
TITLE: Probate minute/record books
DATES: 1860-1966.
ARRANGEMENT: Chronological by date of court session.
DESCRIPTION: This series is made up of minute/record books in which are recorded the official acts and proceedings of both the Cache County Probate Court (which was eliminated at statehood in 1896) and its successor, the First District Court, while sitting in Logan, Cache County, Utah. These records were created and maintained by the court clerk, who is required by state statute to keep a minute book (Utah Code Annotated, 1953, 17-20-2).
Originated by the Cache County Probate Court during the territorial period, entries in the minute/record books begin in January 1860. Copies of court orders and decrees, discharges, petitions, and notices are typical. Due to the unusual jurisdiction of the Probate Court, the body was not limited to probate and guardianship matters. Although principally a record of estates, early volumes in this series also include minutes/records of criminal and civil cases tried in probate court between May 1860 and September 1873. Recorded information encompasses petitions, applications, various writs, judgments, complaints, appointments, decrees and court orders, indictments, verdicts, pleas, warrants, and summonses. Cases involving commitment to the state mental hospital and adoption are included throughout the series. The minute/record books were transferred at statehood to the newly created district court, which assumed jurisdiction for probate cases. Although early entries are designated "Minutes," administrative details and meeting logistics are omitted. Entries in volumes A-Q are handwritten while those in subsequent tomes are typewritten. Minute/record books are no longer produced.
RETENTION
DISPOSITION
RETENTION AND DISPOSITION AUTHORIZATION
These records are in Archives' permanent custody.
FORMAT MANAGEMENT
Microfilm master: For records beginning in 1860 through 1966. Retain in State Archives permanently with authority to weed.
Microfilm duplicate: For records beginning in 1860 through 1966. Retain in State Archives permanently with authority to weed.
Paper: For records beginning in 1860 through 1966. Retain in Office for 9 years and then microfilm and destroy provided microfilm has passed inspection.
APPRAISAL
Historical
Disposition based on documentation about individuals, legal procedure, court history and functions. Minute books have legal and administrative value to the court through dismissal or satisfaction of the final judgment. Because they enforce or protect private rights and prevent or redress private wrongs, the value of the judge's decrees and final judgments to parties in the action may well extend indefinitely.
PRIMARY DESIGNATION
Public. with the exeption of adoption and commitment matters, as described below.
SECONDARY DESIGNATION
Private. commitment proceedings are classified by the Administrative Office of the Court as private (Code of Judicial Administration, Rule 4-202, section 3 [G] [iii]).
Exempt. adoption records are sealed for 100 years according to Utah Code Annotated 87-19-4 (1953).