§ 22-211 – Procedure and practice
22-211. Procedure and practice The law governing procedure and practice in the superior court so far as applicable and when not otherwise specially prescribed, shall govern procedure and practice in justice courts.
§ 22-212 – Civil court record
22-212. Civil court record Each justice of the peace shall keep a civil court record. The court record shall include the following: 1. The title of actions commenced before the justice of the peace. 2. The date when the first process was issued against the defendant, when returnable and the nature thereof. 3. The date […]
§ 22-215 – Oral pleadings
22-215. Oral pleadings The pleadings in the justice court may be oral, except as otherwise provided by law.
§ 22-216 – Allegations required to be made by written and signed pleading
22-216. Allegations required to be made by written and signed pleading A. An answer or other pleading made in a justice court that alleges any of the following matters shall be in writing and signed: 1. That the action is not commenced in the proper county or precinct. 2. That the plaintiff has no legal […]
§ 22-217 – Subpoena for attendance of witnesses; issuance; service
22-217. Subpoena for attendance of witnesses; issuance; service A. A justice of the peace shall at the request of a party to an action pending in his court issue a subpoena for any witness represented to reside within the county or to be found therein at the time of trial. B. The form, issuance and […]
§ 22-219 – Confession of judgment without issuance or service of process
22-219. Confession of judgment without issuance or service of process A. A party may appear in person or by an agent or attorney before a justice of the peace without issuance or service of process and confess judgment for an amount within the jurisdiction of the justice of the peace, and such judgment shall be […]
§ 22-220 – Appearance of defendant; demand or waiver of jury; time of trial; charging the jury
22-220. Appearance of defendant; demand or waiver of jury; time of trial; charging the jury A. When a defendant appears the defendant’s appearance shall be noted in the court record. B. Either party may demand a jury before trial, and if not then demanded, trial by jury shall be deemed waived. This subsection does not […]
§ 22-223 – Forming jury; challenges
22-223. Forming jury; challenges A. At the time appointed for the trial, the justice of the peace shall call the names of the jurors summoned. If a sufficient number of qualified jurors do not attend, the trial shall be postponed. B. Either party may challenge any juror either for cause or peremptorily.
§ 22-224 – Oath of jury
22-224. Oath of jury When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: " Do you swear or affirm that you will give careful attention to the proceedings, abide by the court’s instructions and render a verdict in accordance with the law and evidence presented […]
§ 22-511 – Schedule of hearings
22-511. Schedule of hearings The small claims division shall conduct hearings at such times as the justice of the peace may determine or as the supreme court may order including evening and Saturday hours.
§ 22-512 – Parties; representation
22-512. Parties; representation A. Any natural person, corporation, partnership, association, marital community or other organization may commence or defend a small claims action, but an assignee or other person not a real party to the original transaction giving rise to the action may not commence an action except as a personal representative duly appointed pursuant […]
§ 22-513 – Method of service
22-513. Method of service A. In addition to any other available methods of service, the plaintiff may serve the summons and complaint by registered or certified mail. Service is deemed complete on the date of delivery of the registered or certified mail to the defendant as indicated on the return receipt that is received and […]
§ 22-514 – Time for answer
22-514. Time for answer The time in which the summons shall require defendant to answer is in all cases twenty days, commencing from the date of service.
§ 22-515 – Setting of trials; failure to appear; continuances
22-515. Setting of trials; failure to appear; continuances A. On the filing of an answer by the defendant, the clerk shall set the action for hearing. The hearing shall be set for a date within sixty days of the filing of the defendant’s answer. The clerk shall notify the parties of the time and place […]
§ 22-516 – Trial procedure
22-516. Trial procedure A. The justice of the peace or hearing officer shall conduct the trial in such a manner to do justice between the parties and shall not be bound by formal rules of procedure, pleading or evidence except for statutory provisions relating to privileged communications. Any evidence deemed material, relevant and competent may […]
§ 22-517 – Counterclaims exceeding jurisdiction; procedures; sanctions for improper assertion
22-517. Counterclaims exceeding jurisdiction; procedures; sanctions for improper assertion A. In any action where a counterclaim is asserted and the amount involved in the counterclaim exceeds the jurisdictional amount of the small claims division, the court shall at once terminate the designation as a small claim action, and the action shall proceed in accordance with […]
§ 22-518 – Jury trials prohibited
22-518. Jury trials prohibited There is no right to a jury in the small claims division.
§ 22-519 – Appeals
22-519. Appeals There shall be no appeal in a small claims procedure and the decision of the hearing officer or justice of the peace shall be final and binding on both parties.
§ 22-520 – Recording judgment
22-520. Recording judgment A. The judgment by the justice of the peace or hearing officer in small claims issues shall be rendered no later than ten days from the close of the trial. B. All judgments shall be in writing and the court shall mail copies to all parties. C. The judgment shall clearly state […]
§ 22-521 – Court records
22-521. Court records Notwithstanding section 22-212, each justice of the peace shall maintain a small claims court record in which the justice of the peace shall enter: 1. The title of all actions commenced before the justice of the peace, including names of all plaintiffs and defendants. 2. All judgments rendered by the justice of […]