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
A case in the Small Claims Court may involve legal issues that are just as complicated, and sometimes even more complicated, than a case in the higher court that handles matters above the $35,000 limit applicable to Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that court costs and legal representative costs, are exclusive from the $35,000 limit.
The Procedural Law
Just the same as with cases for sums beyond the $35,000 limit that are pursued in the higher court, a case in the Small Claims Court will involve the procedural law regarding the rules for the process of how a legal matter is conducted as well as the substantive law that applies to the actual legal issue in dispute. The procedural law is known as the Rules of the Small Claims Court which is essentially the general how to manual for the process of conducting a Small Claims Court case including what documents, being specific forms, are required as well as the step-by-step manner by which a legal case in the Small Claims Court occurs.
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 Rules of the Small Claims Court limit a costs award for reimbursement of legal fees paid to a qualified representative to fifteen (15%) percent...Learn More
The document disclosure processes of the Small Claims Court are often described as easy enough for a self-represented layperson without legal training;...Learn More
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...Learn More
Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party.Learn More
An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true.Learn More
Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...Learn More
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
Is Hearsay Allowed In Court? Hearsay Evidence Is Testimony That Comes From a Person Without First-Hand Knowledge of the Information Such As a Person Whose...Learn More
The pleading documents for a lawsuit should avoid references to any resolution terms discussed.Learn More
Generally, costs awards in Small Claims Court are limited to actual reimbursement for the expenses incurred for representation (lawyer, student-at-law, or...Learn More
The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...Learn More
The law, generally, permits reasonable name corrections as necessary. A correction is often made merely on Consent; however, if a party is unwilling to...Learn More
If a legal error is discovered after a court decision is rendered, generally, an Appeal is required. Only in very rare circumstances will a judge reconsider...Learn More
Significant debate among legal practitioners often arises as to whether the Small Claims Court holds jurisdiction for claims brought seeking equitable relief. ...Learn More