Hearing of small claims matters by magistrate.

Checkout our iOS App for a better way to browser and research.

(a) Notwithstanding the provisions of chapter 922a, the hearing and determination of small claims matters may be assigned to magistrates. Magistrates may handle all aspects of the small claims session including, but not limited to, the determination of all uncontested and contested matters, motions to open judgment, motions to transfer to the regular civil docket, and any motions concerning any postjudgment remedy resulting from a small claims judgment.

(b) A magistrate appointed to hear a small claims matter shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel but no record of the proceedings before the magistrate shall be required to be kept.

(P.A. 85-464, S. 3; P.A. 89-93.)

History: P.A. 89-93 amended Subsec. (a) by deleting requirement that motions to transfer to regular civil docket shall be handled by the court and permitting magistrates to handle such motions to transfer.


Download our app to see the most-to-date content.