15-39 SMALL CLAIMS PROCEDURE
CHAPTER 15-39
SMALL CLAIMS PROCEDURE
15-39-1, 15-39-2.
Superseded.
15-39-3, 15-39-4.
Repealed.
15-39-5 to 15-39-44.
Superseded.
15-39-45
Uniform rules of practice for circuit and magistrate courts--Purpose and
scope of rules--Exemplary damages restricted.
15-39-46
Alternative to action begun by summons.
15-39-47
Persons authorized to act as attorney--Notice to attorney.
15-39-48
Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
15-39-49
Addresses of parties stated to clerk--Filing in docket.
15-39-50
Determination of sufficiency of plaintiff's statement.
15-39-51
Deputy clerk authorized to act--Magistrate to perform clerk's duties.
15-39-52
Entry fee--Summons not required--Statement to clerk or magistrate in lieu of
pleading--Fee exemption.
15-39-53
Court rules may provide for modified procedure.
15-39-54
Time of hearing on claim.
15-39-55
Notice valid though refused by defendant--Further notice on failure of
delivery.
15-39-56
Jury trial and appeal waived by plaintiff--Right to jury trial if action removed
by defendant.
15-39-57
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.
15-39-58
Transmittal of papers upon removal--Pleadings and speedy trial.
15-39-59
Repealed.
15-39-60
Repealed.
15-39-61
Separation of parties when removal sought as to part--Copies of papers
transmitted in lieu of originals.
15-39-62
Docket entries transmitted on removal to circuit court.
15-39-63
Repealed.
15-39-64
Default of defendant failing to comply with requirements.
15-39-65
Docket entry as to defense--Contents of entry.
15-39-66
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
compulsory.
15-39-67
Amendment of claim or answer.
15-39-68
Disposition of claim on failure of plaintiff to appear for hearing.
15-39-69
Venue.
15-39-70
Subpoenas for witnesses.
15-39-71
Witnesses and evidence received on hearing.
15-39-72
Signature of docket on determination of action.
15-39-73
Items allowable as costs--Costs assessed for delay or vexatious claim or
defense--Judgment and execution for costs.
15-39-74
Court order as to method of payment of judgment--Stay of execution during
compliance.
15-39-75
Grounds for vacation of judgment and stay of execution--Repayment ordered.
15-39-76
Costs awarded on motion to vacate judgment.
15-39-76.1
Notice of payment of judgment.
15-39-76.2
Cancellation of judgment or transcript--Notice by prevailing party or attorney.
15-39-77
Guardian ad litem.
15-39-78
Forms for use in small claims procedure.
15-39-79
Use of chapter procedures to collect unreimbursed medical or health care
costs from other parent.
Title 15