Is a Small Claims Court Case Easy to Win?
Watching a Reality TV Court Show and Actually Conducting a Small Claims Court Case Are Very Different Whereas the Small Claims Court Is a Genuine Court of Law That Operates As a Division of the Superior Court of Justice Using a Unique Set of Procedural Rules.
Understanding Why It Is the Small Claims Court Rather Than the Simple Cases Court Requires Appreciation of Legal Formality
It is known as the Small Claims Court rather than the Simple Claims Court because litigation for sums of money less than $35,000 can be as complicated, and sometimes even more so, than cases beyond the $35,000 limit of Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that the $35,000 limit applies exclusive of court costs, legal representation costs, and interest.
The Procedural Law
Similarly to legal disputes for amounts over the $35,000 limit of the Small Claims Court, as are litigated within the higher court, a Small Claims Court case involves a procedural set of rules that apply and govern the stages and steps within the process of how a legal matter is conducted. Additionally, the substantive law specific to the issues within the legal dispute also apply. For a Small Claims Court case, the Rules of the Small Claims Court set out the procedural law as, essentially, a how to manual for the requirements of conducting a Small Claims Court case. This procedural law prescribes the documents required as well as a general step-by-step outline for how a case moves from one stage to another stage.
For sources of further helpful information regarding the rules of procedure and forms applicable to the Small Claims Court, see:Learn More About
Rules of the Small Claims Court Learn More About
Forms of the Small Claims Court
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Small Claims Court Rules:
It is quite reasonable that litigants expect a high quality for the adjudication of court proceedings, especially within a democratic society wherein the...Learn More
Generally, the Rules of the Small Claims Court limit a costs award for reimbursement of legal fees paid to a qualified representative to fifteen (15%) percent...Learn More
Generally, costs awards in Small Claims Court are limited to actual reimbursement for the expenses incurred for representation (lawyer, student-at-law, or...Learn More
The document disclosure processes of the Small Claims Court are often described as easy enough for a self-represented layperson without legal training;...Learn More
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...Learn More
Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...Learn More
When Is Hearsay Allowed In Court? When a Person Testifies In Court About What a Person Only Knows As Second-Hand Information Hearsay Such Evidence Is Deemed...Learn More
The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...Learn More
The law, generally, permits reasonable name corrections as necessary. A correction is often made merely on Consent; however, if a party is unwilling to...Learn More
Can a Lawsuit Allege Breach of Contract and Negligence At the Same Time? Alleging Both Breach of Contract and Negligence In the Same Lawsuit Is Permitted...Learn More