House Bill 958

Chair's Name: Wendell Willard

Committee: Judiciary Civil

House Sponsor: Tom Rice

Chairman Willard’s opinion of this legislation:

This legislation amends a number of provisions in the Magistrate Court statutes.  Section 1 provides that a party does not have appeal rights from a dismissal for want of prosecution or due to nonappearance at trial, and that a post-judgment motion to vacate a judgment shall be by certiorari.  Section 2 requires the plaintiff to provide more information in the plaintiff’s complaint, and allows certain procedural motions by a defendant to be considered by the Magistrate Court.  Section 3 requires a counterclaim by a defendant to contain the same amount of additional information that Section 2 requires of plaintiffs.  Section 4 revises the form for a plaintiff’s complaint.  Section 5 removes the 30-day time limit for propounding post-judgment discovery.

This Legislation:

•        Reduces the Size of Government by balancing the needs of pro se litigants for simplicity, and the right of defendants to notice of claims against them, in improving Magistrate Court proceedings, which can streamline the Magistrate Court process and decrease the number of appeals to state or superior court

This bill passed the House Floor under the Open Rule.

Further Action

The Senate added language dealing with the basis of appeal (beginning on p.1 line 13). The House disagreed to the Senate's position, and the Senate and House insisted and conferees have been appointed.