 PART
6. SMALL CLAIMS ACTION |
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6.1
PROCEDURE IN SMALL CLAIMS ACTIONS | TOP |
(a)
Response by the defendant. After
service of summons in a small claims action,
the defendant may:
(1) notify the Clerk of the
Court, in writing, at least seven (7) days
prior to the appearance date on the summons,
stating that he wishes to contest the claim
and set forth the title and number of the case,
his or her name, address, telephone number,
and name and address of the plaintiff and his
attorney, if any, or
(2) file a written motion
or answer, or
(3) appear in person or by
attorney on the appearance date, and admit
or deny the allegations of the complaint. If
a defendant fails to respond as stated above,
a default may be taken and judgment for the
amount claimed, plus costs, may be entered.
(b)
Setting of trial date. Upon
being notified that the claim is contested,
the court may:
(1) fix a trial date and
cause all parties to be notified of the time,
date and place of trial, or
(2) set the matter for docket
call and pretrial conference before the trial
date.
(c)
Summons appearance date not considered the
trial date. Unless otherwise ordered
by the court, the appearance date as noted
on the summons shall not be the date of trial.
(d)
Demand for trial by jury. Upon defendant's
demand for trial by jury and payment of the
jury fee, the court shall set the cause for
trial and cause notice to be given. If jury
demand is made by the plaintiff, the date
for trial shall not be set until after the
appearance date as noted on the summons.
(e)
Notice of small claims rule. The Clerk
of the Court shall transmit with each summons
a copy of this rule and any other information
deemed appropriate by the court. Subsection
(c) and the last sentence in subsection (a)
of this rule shall be in bold type in such
notice.
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