Rule 83 Small Claims Procedure

(a) APPLICABILITY. A plaintiff may file a case under this small claims procedure for any civil action within the jurisdiction of the court, involving a claim the value of which is three thousand ($3,000.00) dollars or less, exclusive of interest, attorneys' fees and costs.

(b) NATURE AND PURPOSE. This procedure is to enable small claims to be justly decided and fully disposed of with less formality, paperwork, and expenditure of time than is required by the ordinary procedure for larger claims. Parties are to be encouraged to handle small claims personally without counsel, and judges and clerks are expected to aid the parties in doing this. Provided that no individual, who is not an attorney licensed to practice in the Northern Mariana Islands, may represent another natural person or a corporation. An employee with first-hand knowledge of the facts of the underlying claim may appear on behalf of an employer. The pleadings, any action taken by the court, and any payments received, or reports fiom a party ofpayments received, shall be noted under the proper date on a small claims docket card for each case. The entries on the docket card shall ordinarily constitute the entire record and no further information need be recorded or kept except as expressly directed for small claims.

(c) PLEADINGS. The plaintiff (or counsel for plaintiff) shall state the nature and amount of the claim on the Summons and Complaint form (hereafter simply referred to as "summons"). The clerk shall copy this information onto the docket card. No other written pleading shall be required of any party unless the court otherwise orders in a particular case for special cause.

(d) SMALL CLAIMS SUMMONS AND COMPLAINT. Upon the signing of a claim on the small claims docket as provided in paragraph (c) above, the clerk of the court shall issue and give to the plaintiff (or counsel) a small claims summons and complaint in duplicate, which shall be served on the defendant(s) at least five business days prior to date that the matter is to be heard by the court. The remaining copy of the summons shall be returned to the clerk at least three business days before the hearing date with the return of service endorsed on it. If the plaintiff is acting without counsel, the clerk issuing the summons will instruct the plaintiff how the summons shall be served and return of service made, unless it is clear the plaintiff already understands this. The clerk shall impress upon the plaintiff that the plaintiff must appear personally or by counsel, at the time and place stated in the summons and should bring any records or other documents that will support the plaintiffs claim. The summons, with return of service endorsed on it, is to be attached to the docket card and preserved, unless and until the defendant appears before the court personally, or by counsel, after which it may be destroyed. Should the plaintiff fail to file the endorsed return of service at least three days before the hearing, the hearing date shall be vacated. Thereafter, it will be plaintiffs responsibility to arrange a new hearing date with the clerk and have the revised summons served on the defendant at plaintiffs expense. A plaintiff shall not be reimbursed for additional service of process costs which are the result of the failure to timely file the return of service as required herein.

(e) TRIAL. A trial will be held on the hearing date unless the court determines that either party is not prepared to go forward on that date. In that event, the court, in its discretion, will determine whether the matter should be reset to allow that party to produce evidence. (9 CONDUCT OF THE HEARING. At the start of the hearing the judge shall ask the plaintiff to describe more fully the substance or basis of the plaintiffs claim. The judge shall then ask whether the defendant disputes the plaintiffs claim. If the claim, or any counter-claim made, involves a number of items, the judge may require either party making such claims to present to the court and to the opposing party a written list of the itemslclaims, showing their respective dates and amounts. If no settlement can be reached, the judge shall then proceed with the hearing on the points in dispute, Northern Mariana Islands Commonwealth Rules of Civil Procedure informally and in a manner that will do substantialjustice between the parties. Witnesses shall be sworn; but the court shall not be bound by the usual rules of procedure or evidence, except those concerning privileged communications and the right against self-incrimination. The court will assist the parties, as it deems appropriate, to expedite the presentation of the evidence being offered. Upon conclusion of the hearing all exhibits will be released back to the party who introduced them.

(g) DEFAULTS. If a defendant who has been served five days or more before the hearing date fails to appear personally, or by counsel, judgment may be entered by default where the claim is for a clearly determined amount of money, or on proof by the plaintiff of the amount due if the claim is for damages or any amount that is not clearly determined. If the plaintiff fails to appear personally, or by counsel, the action may be dismissed for want of prosecution; or the court may make any other disposition thereof that justice may require.

(h) ORDERS IN AID OF JUDGMENT. Ifjudgment is entered for the plaintiff and the amount due has been determined,judgment shall be entered on the docket card. If the defendant(s) islare present the judge shall, as a matter of course, inquire how soon the amount due can be paid, and whether either party desires an order in aid of judgment. If either party requests an order in aid of judgment, the judge shall hold a hearing on the application immediately, unless good cause is shown for delaying the hearing. The matter shall then proceed as upon any application for an order in aid of judgment. If the opposing party is not present, the applicant for the order in aid of judgment must apply to the clerk and have said order served on the judgment debtor in accordance with paragraph (d) above.

(i) NEW TRIAL. Any defendant who has had a small claims judgment rendered against himher may appeal the judgment by requesting, in writing, a new trial in the Superior Court within 30 days after the judgment was entered. The defendant must pay a new fee of $40 in order to file the appeal. Upon the conclusion of said new trial, if the court determines that the defendant's request for a new trial was frivolous or for the purpose of delay, the court may assess court costs against the defendant and award additional fees and costs to the plaintiff.

(j) DISMISSALS. The court may dismiss without prejudice all cases for which plaintiffs fail to file a return of service within 120 days from the date the case is commenced. In addition, cases will be dismissed where judgment was obtained but no other action has been taken in the case for 120 days from the date judgment was entered.

(k) OTHER PROCEDURES. All matters in small claims proceedings which are not expressly covered by this rule shall be governed by the Commonwealth Rules of Civil Procedure.