Rule 4 Pre-Trial and Trial Procedures.
Rule Text
(a) Pre-Trial Procedure. Due to the expeditious and informal nature of Small Claims proceedings, pre-trial procedure—including, but not limited to, pre-trial conferences, discovery (such as the taking of depositions, use of interrogatories and requests for production of documents) and the filing of motions—shall not be permitted in the Small Claims Division, except with respect to motions to dismiss for lack of jurisdiction or for transfer of the action to the Civil Division.
(b) Return Date Proceedings.
(1) Oral Advice of Rights to the Parties. At the outset of proceedings on the return date the court shall address the parties orally, advising them that:
(A) counsel are not permitted in Small Claims proceedings;
(B) no jury trial is available;
(C) the defendant has an automatic right to request transfer of the action to the Civil Division, where assistance of counsel is permitted and a jury trial may be conducted;
(D) the plaintiff has an automatic right to request transfer of the action to the Civil Division if the defendant has filed an answer, counterclaim, or a claim of set-off or recoupment; and
(E) failure of a party to make a request before trial for transfer to the Civil Division will be a waiver of the right to counsel and the right to a jury trial.
(2) Conciliation. On the trial date, but before trial, the court may direct the parties to make an earnest effort to settle the controversy by conciliation.
(3) Failure of One or Both Parties to Appear.
(A) If the defendant fails to appear on the return date, after having been properly served, judgment may be entered by default where the claim is for a liquidated amount, or judgment may be entered upon ex parte proof where the claim is unliquidated.
(B) If the plaintiff fails to appear on the return date, the court may direct that the suit be dismissed without prejudice for failure to prosecute, or that the case be continued.
(C) If the defendant has filed a counterclaim, and the plaintiff fails to appear on the return date, the defendant may proceed to a trial on the merits of the counterclaim on the return date unless the counterclaim was filed in writing and served on the plaintiff, in which case the court may enter judgment by default where the claim is for a liquidated amount or judgment upon ex parte proof where the claim is unliquidated.
(D) If both parties fail to appear on the return date, the court may order the case dismissed without prejudice for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
(4) Trial on the Return Date; Rescheduling. Where both parties appear on the return date set forth in the summons, the trial shall be held on that date unless, for good cause shown, the trial is rescheduled for a later date. If trial of the case set for a later date, the court shall issue a subpoena to each party with the date and time that they must appear for trial; provided, however, that if any of the parties are present in court, an oral order setting a new trial date, combined with a written card or similar document with the new trial date and time, shall suffice as proper notification of the adjourned date for those parties.
(5) Conduct of the Trial. The court shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and shall not be bound by the statutes or rules governing practice, procedure, pleadings, or evidence, except those statutes and rules relating to privileged communications and the swearing of parties and witnesses. All proceedings shall be recorded, either electronically or stenographically.