25-35-803. Appeal to district court — commencement and scope
25-35-803. Appeal to district court — commencement and scope. (1) If either party is dissatisfied with the judgment of the small claims court, the party may appeal to the district court of the county where the judgment was rendered. An appeal must be commenced by giving written notice to the small claims court and serving a […]
25-35-606. Defendant’s counterclaim
25-35-606. Defendant’s counterclaim. (1) The defendant may assert a counterclaim against the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff’s claim by appearing before the justice of the peace and executing a sworn small claims counterclaim in substantially the same form as set forth in subsection (3). […]
25-35-607. No further pleadings
25-35-607. No further pleadings. No form of pleading other than the complaint, the order of the court/notice to defendant, and the counterclaim of the defendant, if there is one, is allowed. History: En. Sec. 12, Ch. 586, L. 1981.
25-35-608. Fees
25-35-608. Fees. (1) The clerk of the justice’s court shall collect a fee of: (a) $20 from the plaintiff upon the filing of the sworn complaint; and (b) $10 from the defendant upon the defendant’s appearance and contesting of the complaint or execution of a counterclaim. (2) The laws relating to paupers’ affidavits apply to actions before the small […]
25-35-609. Pretrial conferences or hearings — appearance by telephone conference
25-35-609. Pretrial conferences or hearings — appearance by telephone conference. (1) At the discretion of the court, a party or the party’s attorney may make an appearance by telephone conference in a pretrial conference or other hearing under this chapter if: (a) the party does not need to or intend to offer evidence at the pretrial conference […]
25-35-503. Removal from district court
25-35-503. Removal from district court. A district court judge may require any action filed in district court to be removed to the small claims court if the amount in controversy does not exceed $7,000. The small claims court shall hear any action so removed from the district court. History: En. Sec. 3, Ch. 586, L. 1981; amd. […]
25-35-504. Venue
25-35-504. Venue. Proper venue for actions commenced in the small claims court is the same as that provided by law for civil actions commenced in justice’s court. History: En. Sec. 4, Ch. 586, L. 1981.
25-35-505. Parties — representation
25-35-505. Parties — representation. (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state. (2) A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims […]
25-35-506. and 25-35-507 reserved
25-35-506 and 25-35-507 reserved.
25-35-508. Interpleader actions
25-35-508. Interpleader actions. (1) As used in this chapter, interpleader actions determine the rights of rival claimants to a fund held by a disinterested party and may be maintained in the small claims division of the justice’s court when any person appears before a justice of the peace and executes an affidavit setting forth the nature […]