NCJ Number
72564
Date Published
1978
Length
57 pages
Annotation
Findings are presented from a study designed to investigate the operation of the Pro Se Small Claims Court in Cook County, Ill., to determine if it provides an effective forum for individual grievances.
Abstract
The court was established in May 1972 to correct the inadequacies of existing small claims courts. This research study took place over a 10-week period between January and March 1974. Four instruments for data collection were utilized, including a 17-item questionnaire completed by plaintiffs. In addition, proceedings were observed, litigants and lawyers were interviewed, and data from court files were compiled. Despite significant improvements over earlier small claims courts, the court still fails to be a totally satisfactory model for pro se litigation. To overcome these deficiencies, the process of collecting judgments should be changed. The awarding of costs is the minimum which the law should provide to those who have commenced litigation and prevailed on the merits; the court should do more to ensure ultimate payment. The court should also experiment with evening or weekend sessions and should create strong incentives to reduce the number of continuances granted on the day scheduled for trial. Moreover, the circuit court must take more care in the assignment of judges to the court, since wide disparities in judicial temperament have been observed. Finally, the $300 limit on the size of the claims which can be filed in the court is unreasonably low. Tables, footnotes, and appendixes presenting questionnaires, sample forms, and other material are provided.