NCJ Number
74185
Date Published
1980
Length
112 pages
Annotation
The small claims court movement in the United States is surveyed, and a step-by-step outline guide for handling a small claims case is presented.
Abstract
Adopted by the great majority of states and copied by the Federal Government in form of the U.S. Tax Court, the small claims court lowers the costs of litigation by using an informal procedure and eliminating the need for a lawyer. In a modification of the traditional adversary system. the judge takes a more active role in the trial and guides the witnesses and contending parties, who are usually not familiar with the technicalities of legal procedure. The historical development of the small claims court began in the early 20th century under the instigation of Dean Roscoe Pound who lamented the lack of a mechanism for small businessmen or the ordinary individual to go to court in matters involving only small amounts of money. Reformers in the State legislatures and local government councils devise courts to meet the problem in the form of the small claims court. The step-by-step guide follows a claim through the pretrial preparations: seeking an out-of-court settlement, deciding whether the small claims court has jurisdiction, filing the claim, and (possibly) consulting a lawyer. The activities after filing the claim and before the actual trial include service of process (the court's efforts to located the defendant), settlements, counterclaims, and transfers. Discussion of the actual trial covers the presentation of the plaintiff's case: the hearing of the defendant's side; a possible cross-examination period; and the judge's decision, which is usually rendered immediately. Posttrial procedures, such as enforcing the judgment and the possibility of appeal, conclude the discussion. Figures are included. A survey of State provisions for small claims courts, the Oklahoma Small Claims Procedure Act, and Oklahoma appelate decisions on small claims are appended.