Does the Small Claims Court Function Similar to What Is Seen On TV?
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.
A Helpful Guide to Understanding Why It Is Called the Small Claims Court Rather Than the Simple Cases Court
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:
- Small Claims Court Forms
- Rules of the Small Claims Court
- Ministry of the Attorney General, Small Claims Court
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Small Claims Court Rules:
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