Rule 10.2 Small Claims Court

Rule 10.2 was adopted, effective June 1, 2006; amended effective March 1, 2025.

Subdivision (a) applies to actions in which a hearing has been requested. Under N.D.C.C.§ 27-08.1-02, if the court has not received a request for hearing within 20 days of filing of the claim, the matter proceeds by default.

Subdivision (b) allows certain authorized persons to represent a legal entity in small claims court. A legal entity is a body, other than a natural person, that can function legally, sue or be sued, and make decisions through authorized representatives. Examples of legal entities are corporations, partnerships, limited liability companies, and political subdivisions.

Under N.D.C.C.§ 27-08.1-01 (3), a claim may not be filed in small claims court by an assignee of the claim, including owners or employees of collection agencies.

SOURCES: Joint Procedure Committee Minutes of September 28, 2023, page 9; April 27-28, 2006, page 10; January 26, 2006, pages 13-17.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. ch. 27-08.1.