25-40-102. Definitions
25-40-102. Definitions. (1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: (a) is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. (2) ”Collaborative law participation agreement” […]
25-40-103. Collaborative law participation agreement — requirements
25-40-103. Collaborative law participation agreement — requirements. (1) A collaborative law participation agreement must: (a) be in a record; (b) be signed by the parties; (c) state the parties’ intention to resolve a collaborative matter through a collaborative law process under this part; (d) describe the nature and scope of the matter; (e) identify the collaborative lawyer who represents each party […]
25-40-104. Beginning and concluding collaborative law process
25-40-104. Beginning and concluding collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party’s objection. (3) A collaborative law process is concluded by a: (a) resolution of a collaborative matter as evidenced by […]
25-40-105. Proceedings pending before tribunal — status report
25-40-105. Proceedings pending before tribunal — status report. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to 25-40-106 and […]
25-40-106. Emergency order
25-40-106. Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party. History: En. Sec. 6, Ch. 200, L. 2015.
25-35-701. Proceedings to be informal
25-35-701. Proceedings to be informal. The hearing and disposition of small claims actions shall be informal. History: En. Sec. 14, Ch. 586, L. 1981.
25-35-702. Witnesses — evidence — subpoena power
25-35-702. Witnesses — evidence — subpoena power. The plaintiff and the defendant may offer evidence in their behalf by witnesses appearing at the hearing in the same manner as in other cases arising in justice’s court or by written evidence, and the judge may direct the production of evidence that the judge considers appropriate. The small […]
25-35-703. Record of proceedings
25-35-703. Record of proceedings. All civil actions tried in a small claims court shall be recorded either electronically or stenographically. History: En. Sec. 16, Ch. 586, L. 1981.
25-35-801. Entry of judgment
25-35-801. Entry of judgment. Upon the conclusion of the case tried to the court, the justice shall make findings and enter judgment. History: En. Sec. 19, Ch. 586, L. 1981; amd. Sec. 516, Ch. 56, L. 2009.
25-35-802. Costs
25-35-802. Costs. The prevailing party in an action before the small claims court is entitled to the party’s costs. History: En. Sec. 20, Ch. 586, L. 1981; amd. Sec. 517, Ch. 56, L. 2009.