§ 12-1761. Trial by court - Request for reporter or jury - Evidence - Informality - Mailing of judgment.

Actions under the small claims procedure shall be tried to the court without a jury, unless the amount of the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00); provided, if either party wishes a reporter or if either party to an action in which the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00) wishes a jury, he must notify the clerk of the court in writing at least two (2) working days before the date set for the defendant's appearance and must deposit Fifty Dollars ($50.00) with said notice with the clerk.  The plaintiff and the defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing, and the judge may call such witnesses and order the production of such documents as he may deem appropriate.  The hearing and disposition of such actions shall be informal with the sole object of dispensing speedy justice between the parties.

The prevailing party shall mail a file-stamped copy of the judgment by first-class mail to all other parties who have entered an appearance in the action at their last-known addresses and file a certificate of mailing with the court clerk.

Added by Laws 1968, c. 322, § 11, eff. Jan. 13, 1969.  Amended by Laws 1978, c. 212, § 2, eff. July 1, 1978; Laws 1989, c. 205, § 2, eff. Nov. 1, 1989; Laws 1991, c. 15, § 2, eff. July 1, 1991; Laws 1992, c. 357, § 2, eff. July 1, 1992; Laws 1997, c. 102, § 10, eff. May 1, 1997.