1-2301. SMALL CLAIMS DEPARTMENT — CREATION — SCOPE OF CLAIMS — VENUE. In every magistrate’s division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate’s Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate’s division shall be brought in the magistrate’s division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.
History:
[1-2301, added 1969, ch. 103, sec. 1, p. 348; am. 1973, ch. 42, sec. 1, p. 78; am. 1976, ch. 125, sec. 1, p. 474; am. 1978, ch. 365, sec. 1, p. 954; am. 1981, ch. 180, sec. 3, p. 317; am. 1983, ch. 192, sec. 1, p. 521; am. 1984, ch. 199, sec. 1, p. 489; am. 1992, ch. 74, sec. 3, p. 212; am. 1995, ch. 183, sec. 1, p. 669; am. 2000, ch. 250, sec. 3, p. 704; am. 2002, ch. 74, sec. 1, p. 163; am. 2006, ch. 263, sec. 3, p. 816.]