Small claims should be scheduled for prompt trial, with concern for the convenience of the parties. Small claims sessions should be separate from criminal sessions and all other civil sessions. When possible, separate sessions or starting times should be scheduled for consumer and commercial small claims plaintiffs.
Commentary
Prompt trial dates are crucial to the success of the small claims process. Small claims trials should be scheduled no later than 4-8 weeks from filing of the initial claim. Trial dates beyond that time severely undermine the statutory goal of a prompt, efficient procedure. Conversely, scheduling a trial earlier than 4 weeks from filing generally does not allow sufficient time for the notices to the defendant to have been returned by the postal service if undeliverable. Also, if the trial date is set too soon, it may be unfair to one or both of the parties, as they may have to arrange for the appearance of witnesses, set up child care, schedule time off from work, and manage other details. In addition, while the plaintiff may have all of his or her facts and witnesses marshaled before filing the claim, the defendant may be unaware of the claim until he or she receives the notice from the court. If requested by one party to move up or postpone the trial date, court personnel should explain that adhering to a set date generally results in a fundamentally fair and evenhanded treatment of parties as they prepare for trial. See Standard 6:03 concerning continuances.
Small claims sessions should be conducted at times distinct and apart from busy criminal days or times. These times should be devoted solely to small claims matters and payment hearings. Courts are encouraged to be innovative and flexible in the scheduling of small claims sessions. The time of day and the day of the week for holding small claims sessions should be the subject of experimentation in keeping with the needs of the community. If deemed appropriate, small claims hearings may be divided into commercial and consumer sessions, with each category of plaintiff accorded a different starting time. Where volume requires it, sessions should be held more often than once per week. Small claims sessions should not be discontinued during the summer months. See Dist. Ct. Special Rule 202 which indicates that when so ordered by the justice of any court, small claims sittings may be held bi-weekly during the summer months.