Does the Small Claims Court Function Similar to What Is Seen On TV?
The Small Claims Court Is a Genuine Court of Law As a Division of the Superior Court of Justice and Functions Far Differently Than What Is Observed By Watching Television Court Shows. The Small Claims Court Operates With a Unique Set of Procedural Rules. The Dispute Specific Substantive Law Is the Same As Applies In the Higher Court.
Understanding Why It Is the Small Claims Court Rather Than the Simple Cases Court Requires Appreciation of Legal Formality
It is called the Small Claims Court instead of the Simple Claims Court because lawsuits for amounts under $35,000 may be just as complicated, and perhaps more so, than many legal cases that are above the $35,000 limit of Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that the $35,000 limit applies exclusive of court costs, legal representation costs, and interest.
The Procedural Law
Similarly to legal disputes for amounts over the $35,000 limit of the Small Claims Court, as are litigated within the higher court, a Small Claims Court case involves a procedural set of rules that apply and govern the stages and steps within the process of how a legal matter is conducted. Additionally, the substantive law specific to the issues within the legal dispute also apply. For a Small Claims Court case, the Rules of the Small Claims Court set out the procedural law as, essentially, a how to manual for the requirements of conducting a Small Claims Court case. This procedural law prescribes the documents required as well as a general step-by-step outline for how a case moves from one stage to another stage.
For sources of further helpful information regarding the rules of procedure and forms applicable to the Small Claims Court, see:Learn More About
Rules of the Small Claims Court Learn More About
Forms of the Small Claims Court
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Small Claims Court Rules:
Generally, the proper courthouse for a Small Claims Court case is the courthouse within the municipality in which the Defendant lives or does business.Learn More
The pleading documents for a lawsuit should avoid references to any resolution terms discussed.Learn More