NCJ Number
58084
Journal
Vanderbilt Law Review Volume: 28, Dated: (1975) Pages: 711-804
Date Published
1975
Length
94 pages
Annotation
THE HISTORICAL DEVELOPMENT OF PROCEDURES FOR ADJUDICATING SMALL CLAIMS IS DESCRIBED WITH PARTICULAR EMPHASIS ON PROCEDURES IN TENNESSEE, AND A MODEL SMALL CLAIMS COURT STATUTE FOR TENNESSEE IS PROPOSED.
Abstract
ALTERNATIVE DISPUTE RESOLUTION METHODS DEVELOPED IN THE U.S. IN THIS CENTURY, AND IN OTHER COUNTRIES OVER SEVERAL CENTURIES, HAVE BEEN THE SOURCE OF MUCH DEBATE AMONG LEGAL THEORISTS. ALTHOUGH THEORISTS HAVE AGREED ON THE NEED FOR SYSTEMS TO HANDLE SMALL CLAIMS, THEY HAVE DISAGREED ON HOW SUCH SYSTEMS SHOULD BE IMPLEMENTED. THE GOAL OF SUCH SYSTEMS IS TO ADJUDICATE SMALL CLAIMS FAIRLY WITH MINIMAL EXPENSE, DELAY, OR TECHNICALITY. IN TENNESSEE, THE GENERAL SESSIONS COURTS HAVE BEEN THE PRIMARY COURTS FOR ADJUDICATING SMALL CLAIMS. THEY HAVE NOT, HOWEVER, FUNCTIONED ADEQUATELY AS SMALL CLAIMS COURTS DUE TO HIGH FILING FEES, FORMAL PROCESSES, THE PRESENCE OF COUNSEL, AND OTHER FACTORS. A MODEL SMALL CLAIMS COURT STATUTE FOR TENNESSEE IS PROPOSED THEREFORE. FEATURES OF THE PROPOSED COURTS ARE STATEWIDE UNIFORMITY, STRUCTURE AS A DIVISION OF THE GENERAL SESSIONS COURT RATHER THAN AS A SEPARATE ENTITY, CONCURRENT JURISDICTION WITH THE GENERAL SESSIONS COURT, EXCLUSION OF LIBEL AND SLANDER CASES, PROVISION OF EQUITABLE RELIEF AND COURT COSTS, AND A CLAIM LIMIT OF $250. IN ADDITION, IT IS RECOMMENDED THAT INITIAL SERVICE OF PROCESS BE BY REGISTERED MAIL, CHANGE OF VENUE BE PERMITTED, PLEADINGS BE SIMPLIFIED, FILING FEES BE RETAINED, CONTINUANCES BE LIMITED, AND EVENING AND SATURDAY SESSIONS BE HELD. OTHER RECOMMENDATIONS DISCUSS PUBLIC INFORMATION NEEDED, PERSONNEL INVOLVED, AND TRIAL PROCEDURE. FOOTNOTES WHICH INCLUDE REFERENCES, AND APPENDIXES WHICH INCLUDE ANALYSIS OF TWO TENNESSEE COUNTIES' CASES ARE PROVIDED, ALONG WITH A PROPOSED INFORMATIONAL PAMPHLET. (CFW)