How are the proceedings different in Small Claims Court than District Court?
A. Small Claims Court differs from District Court in that there is no requirement that a creditor be represented by an attorney in Small Claims Court and the proceedings are much more informal. The formal Rules of Evidence are not applied in Small Claims Court, especially with regards to hearsay evidence. Usually in Small Claims Court, a judge allows the creditor an opportunity to present the case and the debtor responds with its defense, with little regard to the formal Rules of Evidence. There are no discovery motions in Small Claims Court. In District Court, the cases are presented in a much more formal manner. Formal Rules of Procedure concerning pleadings and evidence apply; the trials are much more formal; and each party is usually represented by an attorney.
