The pioneer-review. [volume] (Philip, Haakon County, S.D.) 1920-current, 1921-12-29
OUR NEW SMALL
CLAIMS COURT


Haakon county might have new
duties to perform after the first
Of the year and as If these offices
might take on new Importance.
These gentlemen are likely to be-
come Judges in fact as, we'll as
/ in playful paflance.
/ South Dakota's new court Of
small claims will begin function
ing ON the first of January, giving
the people Of this state an oppor-
1 tunity to take into court matters
heretofore too small to warrant
the expense of appearance in re-
gular courts. The law is almost
unique, and at the present time Is
Of especial Importance.
The object of the courts of
small claims, it is pointed out is TO
afford a means by which persons
Of small means may make collec-
ton from obdurate debtors of small
amounts without using up the
whole amount which it is sought
to collect, or even more, in litlga-
ton. The supreme court has
made up set of rules applying to
small claims procedure in police
courts, justice courts, county and
municipal courts of the state which
become the tribunal for trying the
small eases. According to the re-
quirements of the law the rules
have been made as simple as posi-
bic and the expense is put at as
small a figure as possible. Actions
are begun with an entry fee Of 81
but without summons and require
ment. Notice is to be made by
registered mail instead of by legal
service and provision is made for
early hearings after actions are
begun.
Simplicity was the rule Of the
supreme court in compiling the
rules. Rule states in part: THE
plaintiff or his attorney, shall state
the. mature and amount Of bis
claim to the clerk who. after due
inquiry, shall cause the claim to
be reduced to writing in the dock
ct. in concise, untechnlcal form
and to be signed by the plaintiff o.
his attorney. The signature shall
be deemed the beginning of the
action.
Rule provides for the plaintiff
giving his address and the address
Of the defendant and that the
clerk shall fix the time Of hearing
which is to be not more than five
days after the fling. Rule 3 pro
vides for the manner in which the
clerk shall notify the defendant,
and prcscribing a form to be used.
In Rule A it is provided that the
defendant, unless the court shall
otherwise rule, shall be in default
unless he shall personally or by
attorney. not later than the Sc
cond day before the hearing, state
to the clerk orally or in writing.
his defense to the claim. 1t is
provided that the substance Of this
statement shall also be entered in
the docket. Demurrers, dilatory
pleas and the answer Of general
denial are prohibited, this rule
states Rule 5 provides for the de-
PENDANT, with the time specified
for an answer claim any sct-off or
counterclaim within the iurisdic
ton of the court in civil cases.
Should such counterclaim be made
the clerk shall postpone the hear
ing and notify the plaintiff in the
same manner as he notified the de-
PENDANT of the counterclaim. The
plaintiff shall make his answer to
the counterclaim within the time
limit for answers provided in Rule
Rule states: Witnesses shall
be sworn by the court and shall,
conduct the hearing in such form
and with such methods of proof
as it deems best suited to discover
the facts and to determine the
Justice Of this case
Rule IA says: The right of re-
moval of cause for trial by jury
may be exercised by defendant
either to the circuit court or to
the formal side Of the court in
which the action was begun. In
either case fee of So for the en-
try of the action for trial by just
ice must be made.
All details are worked out in the
rules and contained in informed
late rules.
The last rule No. Is, states: In
actions Of contract or tort, other
than SANDER and libel, hereafter
begun by summons, in which the
recovery of debt or damages does
not exceed $50 no costs other than
4 u. IL -.