NCJ Number
62755
Date Published
1979
Length
49 pages
Annotation
BASED ON THE FINDINGS OF A NATIONWIDE STUDY OF SMALL CLAIMS COURTS BY THE NATIONAL CENTER FOR STATE COURTS, THIS MANUAL PRESENTS PRACTICAL ADVICE FOR IMPROVING AND STREAMLINING COURT OPERATIONS.
Abstract
THE NONTECHNICAL MANUAL COVERS THESE MAJOR STEPS IN THE SMALL CLAIMS PROCESSES--PRETRIAL, TRIAL, AND POSTTRIAL-SO THAT EACH PART OF THE COURT ORGANIZATION CAN BE AWARE OF THE EFFECT OF ITS OPERATION ON THE ENTIRE PROCESS. FOUR MAIN ASPECTS OF THE PRETRIAL PROCESS ARE DISCUSSED: LOCATING THE COURT, THE COMPLAINT AND SERVICE OF PROCESS, COURT ASSISTANCE TO LITIGANTS, AND TRIAL SCHEDULING. DISCUSSION OF THE CONDUCT OF THE SMALL CLAIMS TRIALS COVERS THE EFFECT OF NONAPPEARANCE BY ONE OR BOTH PARTIES, JUDICIAL PARTICIPATION IN SETTLEMENT AT TRIAL, THE PARTICIPATION OF ATTORNEYS IN THE TRIAL, DEALING WITH MISSING EVIDENCE AT TRIAL, ALTERNATIVES TO THE USE OF JUDGES AT TRIAL, AND TRIAL VERDICTS AND INSTALLMENT PAYMENT OF JUDGMENTS. AN EXAMINATION OF THE POSTTRIAL PROCESS FOCUSES PRIMARILY ON THE TRANSFER AND APPEAL PROVISIONS, COLLECTION OF A SMALL CLAIMS JUDGMENT, AND RECORDING SATISFACTION OF A JUDGMENT. A MAJOR RECOMMENDATION PROPOSED IN THE MANUAL IS THE COURTS' EMPLOYMENT OF MORE INGENUITY AND INNOVATION IN THE AREA OF COLLECTION. BECAUSE THESE COURTS ARE LITIGANT-ORIENTED, THEY MUST REALIZE THEY HAVE AN OBLIGATION TO HELP LITIGANTS COLLECT AFTER JUDGMENT IS RENDERED. FOOTNOTES AND A LIST OF STATE COURT REPRESENTATIVES ARE INCLUDED.