HB 102/a MAGISTRATE AS COURT OF RECORD

Rep Christine Chandler

Actions: HPREF [2] not prntd-HRC [4] w/drn-prntd-ref- HJC/HAFC-HJC [8] DP/a-HAFC [10] DP/a [13] PASSED/H (35-27) [9] SJC-SJC

Scheduled: Not Scheduled

 House Bill 102 (HB 102) relates to magistrate courts and makes magistrate courts a court of record for certain actions, provides that appeals from magistrate court are made to the court of appeals, repeals sections of law, and appropriates funds.   

 House Bill 102 (HB 102) makes changes to magistrate court procedure. 

First, the bill provides that a magistrate court is a court of record and appeals are made to the court of appeals.  This means that the court proceedings and decisions are all kept on a permanent record and preserved for the possibility of appeal.  However, the bill states that a magistrate court is not a court of record for civil actions brought pursuant to the Uniform Owner-Resident Relations Act (landlord-tenant cases). Those actions may only be appealed to district court. 

Second, the bill appropriates $300,000 from the General Fund to the Administrative Office of the Courts for use in Fiscal Year 2025 and subsequent years to support on the record proceedings in magistrate courts. Unused funds do not revert.  

Third, the bill repeals Section 35-13-2 (appeals to district court), Section 35-13-3 (trial de novo in district court), Section 39-2-5 (costs on appeal from probate or magistrate court) and Section 39-2-6 (recoverable costs for when a judgment appealed from was in favor of appellant). 

The bill also makes stylistic changes to the law. 

HB 102 is effective July 1, 2025. 
 

 Currently, magistrate courts are not courts of record and appeals are made to the district court.   

 On February 6, 2024, the House Appropriations & Finance Committee amended HB 102/a, by removing the $300,000 appropriation. 

On February 3, 2024, the House Judiciary Committee amended HB 102 by adding that magistrate court is not a court of record for civil actions brought pursuant to the Mobile Home Park Act, in addition to cases brought under the Uniform Owner-Resident Relations Act.  It also added that appeals from a magistrate court decision regarding the Mobile Home Park Act are appealed to the district court.