Category: URSCP010

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Rules of Small Claims Procedure

The following Rules of Small Claims Procedure have been adopted by the Supreme Court effective May 3, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URSCP 10. Set aside of default judgments and dismissals. Reduce time to move to set aside from 30 to 15 days.
URSCP 12. Appeals. Conform time to appeal to statute (30 days).

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Rules of Small Claims Procedure

URSCP 1. General provisions. Permit sanctions.
URSCP 2. Beginning the case. Technical amendments.
URSCP 3. Service of the affidavit. Adopt a general service and filing requirement.
URSCP 4. Counter affidavit. Conform small claims counter affidavit rule to permissive counter affidavit statute. Effect is that counter affidavits of more than the jurisdictional amount have to be filed as claims in the regular civil docket of the district court.
URSCP 6. Pretrial. Technical amendments.
URSCP 7. Trial. Technical amendments.
URSCP 8. Dismissal. Establishes presumption that dismissal is without prejudice to conform to civil rules.
URSCP 9. Default judgment. Technical amendments.
URSCP 10. Set aside of default judgments and dismissals. Incorporate provisions from Code of Judicial Administration governing small claims cases.
URSCP 11. Collection of judgments. Establishes procedure whereby debtor request satisfaction of judgment be entered.
URSCP 12. Appeals. Incorporate provisions from Code of Judicial Administration governing small claims cases.

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