15-39 SMALL CLAIMS PROCEDURE
SMALL CLAIMS PROCEDURE
15-39-5 to 15-39-44.
Uniform rules of practice for circuit and magistrate courts--Purpose and
scope of rules--Exemplary damages restricted.
Jurisdictional amount of claim.
Alternative to action begun by summons.
Persons authorized to act as attorney--Notice to attorney.
Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
Addresses of parties stated to clerk--Filing in docket.
Determination of sufficiency of plaintiff's statement.
Deputy clerk authorized to act--Magistrate to perform clerk's duties.
Entry fee--Summons not required--Statement to clerk or magistrate in lieu of
Court rules may provide for modified procedure.
Time of hearing on claim.
Notice valid though refused by defendant--Further notice on failure of
Jury trial and appeal waived by plaintiff--Right to jury trial if action removed
Claim of trial by court or jury by defendant--Affidavit--Special rule in
designated judicial circuit governing removal to the regular civil docket of the
court--Entry fee and undertaking.
Transmittal of papers upon removal--Pleadings and speedy trial.
Separation of parties when removal sought as to part--Copies of papers
transmitted in lieu of originals.
Docket entries transmitted on removal to circuit court.
Default of defendant failing to comply with requirements.
Docket entry as to defense--Contents of entry.
Setoff or counterclaim stated by defendant--Notice to plaintiff and
postponement of hearing--Answer by plaintiff--Request for jury trial or
petition for removal on non-compulsory counterclaims--Provisions not
Amendment of claim or answer.
Disposition of claim on failure of plaintiff to appear for hearing.
Subpoenas for witnesses.
Witnesses and evidence received on hearing.
Signature of docket on determination of action.
Items allowable as costs--Costs assessed for delay or vexatious claim or
defense--Judgment and execution for costs.
Court order as to method of payment of judgment--Stay of execution during
Grounds for vacation of judgment and stay of execution--Repayment ordered.
Costs awarded on motion to vacate judgment.
Notice of payment of judgment.
Cancellation of judgment or transcript--Notice by prevailing party or attorney.
Guardian ad litem.
Forms for use in small claims procedure.
Use of chapter procedures to collect unreimbursed medical or health care
costs from other parent.