Each division of the Trial Court hearing small claims shall regularly review the operation of the small claims procedure and shall make a quarterly report to its departmental Chief Justice.
Commentary
The first justice and the clerk-magistrate of each division of the Trial Court hearing small claims should meet regularly to discuss the overall operation of the small claims procedure. The small claims assistant clerk-magistrate and/or the small claims supervisor should also attend these meetings and a mechanism should be developed to ensure their input in the event that they are unable to attend.
The agenda of this meeting should include, among other things (1) a discussion of whether any backlog in hearings and/or paperwork is developing and, if so, what should be done to alleviate it; and (2) a consideration of whether scheduling changes for the small claims session are desirable. In addition, any complaints and suggestions received from litigants regarding the small claims process should be reviewed. While ex parte contacts between interested parties and the judges or clerk-magistrates or assistant clerk-magistrates who have adjudicated their cases are not appropriate, courts should develop some mechanism to solicit feedback from those who have experienced the small claims session firsthand. The small claims assistant clerk-magistrate or small claims supervisor should be encouraged to record complaints and suggestions from litigants and to share these comments, as well as their own day-to-day observations of the problems and successes they have encountered while administering small claims, with their departmental Administrative Office.
Each division of the Trial Court hearing small claims shall make a quarterly report to their departmental chief justice, and where applicable, to the regional administrative justice. This report should state the average time elapsed between the filing of a small claim and a first hearing, and the average time elapsed between a judgment and any payment hearing. The period of elapsed time should not exceed 8 weeks from the filing to hearing or 6 weeks from judgment to payment hearing.
If the averages in any particular court exceed 8 weeks from the filing to hearing or 6 weeks from judgment to payment hearing, or if the departmental chief justice or regional administrative justice learns that a particular court is having problems processing or disposing of small claims cases expeditiously, the departmental chief justice or regional administrative justice should require the presiding justice and clerk-magistrate of that court to submit a case flow management plan.
The case flow management plan should outline steps for bringing the court within the acceptable time periods and include a timetable for compliance. It should propose specific measures, such as increasing the number of days each week that small claims are heard, increasing the number of cases scheduled per day, or using judges or clerk-magistrates from other courts until the court can conform to the average time periods. The plan should also address the court’s management structure as it relates to small claims, including issues of accountability and the training and cross-training of clerical employees. (In some courts, for example, one factor contributing to a backlog is the lack of back-up employees who can process small claims when the employee designated to handle small claims is absent. See Standard 2:02.)
As individual courts review and respond to problems they have encountered in the small claims process, particular care should be taken not to vary those practices and forms that the Uniform Small Claims Rules and G.L. c. 218, ss. 21-25 intend to be universal throughout the Trial Court. While individual courts will differ in their needs and resources, variations in basic procedures, forms, and fees should be avoided.