New Britain herald., 1928-12-24
OUTLINE 0f COURT
 FOR SMALL CLAIMS
Chamber of Commerce Prepares
 Bill for Charter Committee

A IHdAlIluHl OL %oU NaS DScu adopted as the amount to be recom- mended by the executive committee of the Chamber of Commerce to the legislature for the proposed small claims court in this city.
 The bill as recommended, and which the charter revision commit tee and the general assembly will be asked to consider. is as follows:
 Be it enacted by the senate and house of representatives in general assembly convened:
 Section .. The judge of the city court of the citysof New Britain, as soon as may be practicable after the passage of this act, shall make rules applicable to said city court. provid- ing for simple, informal and inex- pensive procedure for the determina- ton, according to the rules of sub- stantive law, of all claims for money damages, except claims based upon islander and libel, in which the plain- tiff claims as debt or damages $50 dollars or less. Such procedure shill not be exclusive. but shall be alter native to the existing procedure for causes begun by writ and complaint. Such procedure shall include the be- ginning of actions without writ or re- quirement except by special order of court, of other pleading by either party than a written or oral state- ment to a clerk of the court, who shall reduce the same to concise written form in 8 Small Claims docket kept for the purpose. Such procedure shall include notice by mail instead of the model of legal service heretofore required. provis- ions for early hearing of actions thus begun and provisions for the begin ming of such actions with the pay ment of an entry fee of one dollar or other sum. Such procedure may in- clude the modification of any or all existing rules of pleading. practice and evidence. and a stay of the entry of judgment or of the issue of exc. cution, upon such reasonable terms as the court may prescribe. The rules for such procedure may pro- vide for the elimination in whole oI in part. in the discretion of the court or by rule, of any or all fees and costs now fixed by law. Tn cases begun under such procedure the clerk may, on application and for cause shown, issue writs of at- tachment on property as in causes begun by writ and complaint.
 "Sec. 2. In any cause so entered in the Small Claims docket by any plaintiff, any other party to the cause may require the same to be transferred to the regular docket and proceed according to the usual rules of practice by filing in court. priol to the date on which he shall have been notified to appear, claim fo, such transfer accompanied by his affidavit stating that he believes ir good faith that he has a defense te the action and setting forth the grounds of such defense and, in ar appropriate case, that he desires a trial bX jury He shall, at the same time, pay into court the amount ol the usual jury fee. if he shall intend to claim jury trial, and the amount of the usual entry fee. The cause may thereupon be tried upon the aforesaid statement on the docket or upon written pleadings, if ths same be ordered by the court in it. discretion. and such cause shall be placed upon 6 privileged list fol speedy trial. In any cause so in stituted and not transferred as afore. said. all parties shall be deemed te have waived the right to trial by jur, and there shall be no right of appeal writ of error or other review of ths judgment. but the judgment of the court shall be final and conclusive provided. in cases where the losing party shall file affidavit with tht clerk of the court that the judgmen' has been obtained by fraud, an ap. peal, writ of error or other review shall be allowed as heretofore per mitted under existing laws.
 Sec. 3. The court may, in its discretion. transfer cause begun under the provisions of this act te the regular civil docket for formal hearing and determinatin as though