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NCJ Number: 62755 Find in a Library
Title: PRACTICAL OBSERVATIONS ON THE SMALL CLAIMS COURT
Author(s): S WELLER; J C RUHNKA
Corporate Author: National Ctr for State Courts
Publications Dept
United States of America
Date Published: 1979
Page Count: 49
Sponsoring Agency: Florence V Burden Foundation
New York, NY 10020
McDonald's Corporation
Oak Brook, IL 60521
National Ctr for State Courts
Williamsburg, VA 23185
Publication Number: R0047
Sale Source: National Ctr for State Courts
Publications Dept
300 Newport Avenue
Williamsburg, VA 23185
United States of America
Language: English
Country: United States of America
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.
Index Term(s): Consumer protection; Court case flow; Court management; Court reform; Court structure; Court system; Procedure manuals; Small claims courts
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62755

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