JCRCP 88

Action for Small Claims

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Rule 88. Action for Small Claims

 (a) In all cases for the recovery of money only,
where the amount claimed does not exceed the statutory limit set for a small
claims action, the action may be commenced by the filing of an affidavit of
complaint as set forth in Rule 89.

 (b) A counterclaim and/or crossclaim may be filed
within 21 days of service of the affidavit of complaint. The counterclaim and
crossclaim must comply with the affidavit of complaint requirements set forth
in Rule 89.

 (c) When any counterclaim or other pleading
raises any issue or claim that may not be adjudicated as a small claims action,
the judge may separate the issues or claims and adjudicate those that may be
resolved as a small claims action and require the other issues or claims to be
filed separately in the justice court as a civil action. Where justice requires
that the matters be heard together, the judge must order the entire matter be
reclassified as a civil action in the justice court or transferred for adjudication
in the district court. Where a case is reclassified as a civil action in the
justice court, the court may require the parties to:

 (1) amend their pleadings to conform with
the requirements for a complaint and answer in a civil action under these
rules; and

 (2) pay the appropriate filing fees.

 (d) Debts owing and due to one creditor or
claimant from the same person may not be severed in order to bring such claims
within the jurisdiction of a small claims court. Such claims must be combined
and any amount in excess of the jurisdictional limit must be waived by the
plaintiff in order for such claim to be adjudicated in the small claims court.
Notwithstanding the above, the court may, in its discretion, order that claims
which are legally or factually dissimilar be tried separately.

 [Amended; effective October 29, 2024.]

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