The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1921-12-01
NEW SMALL CLAIM COURT

The two important laws which were
passed by the 1921 session of the leg
~islature and which go into effect Janu-
airy 1, 1922, are the gasoline tax laws,
by which all gasoline used on the
highways of South Dakota in automo-
biles is taxed one cen a gallon, and
the court Of small claims.
The object of the court of small
claims is to give a e by VIII IN
persons of small means may MAKE
collections from obdurate debtors for
small amounts without using up the
whole Of the amount. which it is sought
to collect, or even in litigation.
The act provided that the supreme
court should compile rules of pro
cedure for such courts before Septem-
Der l, last, and this was done, the
supreme court publishing such rules
on August 10. These rules apply to
small claims procedure in the justice
courts, police courts, country courts
and municipal courts of the state
which become the tribunals for the
hearing of small claim cases.
In accordance with the requirements
of the law the rules provide for a sim
Pile, informal and inexpensive pro-
cedure. The actions are begun with
an entry fee of 81 but without sum
mons and without requirement. No
tice shall be registered mail instead
of by legal service and provision IS
made for early hearings after actions
are started.
Simplicity was the rule of the SUI
preme court in compiling the rules.
Rule 1 states in part: 1.-THE plaintiff
or his attorney, shall state the nature
and amount of his claim to the clerk
who, after due inquiry, shall cause
the claim to be reduced to writing in
the docket, in concise, u~ntechnical
form, and to be signed by the plain
tiff or his attorney. The signature
shall be deemed the beginning of the
action" Rule 2 provides for the plain
tiff giving his address and the address
of the defendant and that the clerk
shall fix the time Of hearing which
is to not be more than five days after
the filing. Rule 3 provides for the
manner in which the clerk shall noti-
fly the defendant and prescribing a
form to be used.
In rule 4 1t is provided that the
defendant, unless the court shall other
wise rule, shall be in default unless
he shall, personally or by attorney, not
later than the second day before the
hearing, state to the clerk, orally or
in writing his defense to the claim.
It Is provided that the substance
of this statement shall also be enforced
in the docket. "Demurrers, dilatory
pleas and the answer of general denial
are prohibited" this rule states. Rule
5 provides for the defendant, with the
time specified for an answer, claim
any set-off or c~ounterclaim within the
Jurisdiction of the court in civil cases.
Should such counter claim be made
the clerk shall postpone the hearing
and notify the plaintiff in the same
manner as he notified the defendant
Of the counter claim. The plaintiff
shall make his answer to the
claim within the time limit for answers
provided in rule 4.
Rule Z states: Witnesses shall be
sworn by the court shall conduct the
hearing in such form and with such
methods Of proof as it deems best
suited to discover the facts and to de-
termine the justice Of the case.
Rule IA says: "The right OF re-
moval Of a 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 wal