CALIFORNIA - THE SMALL CLAIMS COURT EXPERIMENTAL PROJECT - A REPORT TO THE LEGISLATURE ON THE COURT ASSISTANCE EXPERIMENT

• NCJ Number: 60914
• Author(s): ANON
• Date Published: 1979
• Length: 198 pages
• Corporate Author: California Dept of Consumer Affairs
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE SMALL CLAIMS COURT EXPERIMENTAL PROJECT WAS CREATED FOR TESTING PROGRAMS AND PROCEDURES DESIGNED TO INCREASE ACCESSIBILITY TO SMALL CLAIMS COURT FOR INDIVIDUALS AND REDUCE CASES IN WHICH NO DEFENDANTS APPEAR.

Abstract

THE EXPERIMENTAL PROGRAMS AND PROCEDURES TESTED WERE IMPLEMENTED IN THE SACRAMENTO, SAN DIEGO, AND SAN FRANCISCO MUNICIPAL COURTS FOR A 1-YEAR PERIOD BEGINNING IN APRIL 1978. INCLUDED AMONG THE INNOVATIONS WERE EVENING AND SATURDAY COURT SESSIONS, BILINGUAL COURT STAFF AND INTERPRETERS, EVENING HOURS FOR THE CLERK'S OFFICE, MODIFIED CHANGE OF VENUE STANDARDS, AND A PREFERENCE THAT THE CONVENIENCE OF INDIVIDUALS SHOULD PREVAIL OVER THE CONVENIENCE OF BUSINESSES OR GOVERNMENT AGENCIES WHENEVER FEASIBLE. EXTENSIVE DATA WERE COLLECTED ON THE OPERATION OF THE SMALL CLAIMS PROCESS IN THE EXPERIMENTAL COURTS AND IN THREE 'RECORDKEEPING' OR CONTROL COURTS, THE FRESNO, OAKLAND-PIEDMONT, AND WEST ORANGE MUNICIPAL COURTS. MAIL SURVEYS WERE ANSWERED BY OVER 400 LITIGANTS INVOLVED IN CASES IN SAN FRANCISCO AND FRESNO, AND 2 PUBLIC HEARINGS WERE HELD TO OBTAIN FURTHER INFORMATION. EVALUATION OF DATA AND TESTIMONY SHOW THAT INDIVIDUALS FILED 40 PERCENT OF THE CLAIMS, WHILE OTHER NONPERSON ENTITLES FILED 60 PERCENT; PLAINTIFFS FILING 12 OR MORE CLAIMS ACCOUNTED FOR 22 TO 47 PERCENT OF TOTAL FILINGS; AND THE MOST COMMON CLAIM INVOLVED A CONSUMER CREDIT TRANSACTION. ALSO, THE EXPERIMENTAL PROGRAM DID NOT APPEAR TO AFFECT THE NUMBER OF SMALL CLAIMS CASES FILED NOR THE COMPOSITION OF PLAINTIFFS. RECOMMENDATIONS INCLUDE THE FOLLOWING: (1) ALL COUNTIES SHOULD BE REQUIRED BY STATUTE TO PROVIDE SMALL CLAIMS LEGAL ADVISORS; (2) ALL MUNICIPAL COURTS WITH 3 OR MORE JUDGES SHOULD CONDUCT AT LEAST 1 EVENING OR SATURDAY SESSION AMONTH; (3) BILINGUAL SERVICES SHOULD BE OFFERED FOR COURTS SERVING A POPULATION AT LEAST 10 PERCENT NON-ENGLISH SPEAKING; AND (4) SMALL CLAIMS LITIGANT MANUALS SHOULD BE AVAILABLE IN BOTH ENGLISH AND SPANISH ON A STATEWIDE BASIS. TABULAR DATA AND FOOTNOTES ARE PROVIDED. APPENDIXES CONTAIN A MINORITY REPORT, RESPONSES TO SPECIFIC STATUTORY INQUIRIES, QUESTIONNAIRES, AND OTHER RELATED MATERIAL. (AUTHOR ABSTRACT MODIFIED--PRG)