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Rule 4-801. Filing small claims cases.

Intent:

To establish a procedure forfiling small claims cases in the appropriate justice court.

Applicability:

This rule shall apply to thecourts of record and not of record.

Statement of the Rule:

Small claims actions shall befiled in a justice court with territorial jurisdiction. If there is no justicecourt with territorial jurisdiction, the case may be filed in the districtcourt, and the plaintiff shall state why no justice court has jurisdiction. Ifa small claims affidavit, without the required statement, is presented forfiling in a district court, the clerk shall reject it with instructions to filein a justice court with jurisdiction. If the clerk fails to reject itinitially, the affidavit and filing fee shall be returned to the plaintiff whenthe deficiency is first noticed.