Small Claims Trial De Novo (aka Small Claims first Appeal)

[mazden]

Jurisdiction

Idaho

I am Plaintiff, I won in Small Claims but on a limited scope/award.

I filed appeal.

New hearing date has been set.

Defendant already issued required Pleading.

In Pleading, Defendant used their name but also seems to be striving for eventual corporate veil protection of some sort. I note this due to some of their language in pleading but also blatant use in heading e.g. Plaintiff VS Tim Jones aka Tim Jones Construction INC and starting statement "Tim Jones Construction INC entered into a remodeling contract with".

I only state this to try and clarify: In Appeal Order it states "If either party is other than an individual...must be represented by an attorney.

So would Defendant be forced to have an attorney?

Would court issue default judgement in my favor if they dont?

If court did not issue default judgement in my favor - would they stipulate for record that defendant is entitled or is not entitled to corporate veil protection of any sort?

 

[adjusterjack]

Let's start with this:

In Appeal Order it states "If either party is other than an individual...must be represented by an attorney.

I just read the "Appeal Order" form (twice) provided by the Idaho Judicial Branch website. That sentence does not appear anywhere in the form. Where are you getting it from?

Read the section on Attorneys. It doesn't say that at all.

Note that you can upload files here if you'd care to post where you read that.

 

[adjusterjack]

Please consolidate your situation to one website. Many of us participate on multiple sites and it doesn't do you any good to have parallel threads scattered across the internet.

 

[army judge]

If court did not issue default judgement in my favor - would they stipulate for record that defendant is entitled or is not entitled to corporate veil protection of any sort?

No one but God Almighty can predict what a court could, would, or will do.

In other words, Bob's answer is a guess, which is as good as your guess.

All a defendant or plaintiff can do is plead their case to the best of their ability, and await the court's ruling.

 

[zddoodah]

In Pleading, Defendant used their name

"Their name" doesn't make sense. If it's a single defendant, then it's "his name," "her name" or "its name." If there are multiple defendants (which doesn't appear to be the case), then it would be "their names." I'll assume it's a singular defendant and that you simply misused "their."

but also seems to be striving for eventual corporate veil protection of some sort.

Huh?

So would Defendant be forced to have an attorney?

We have no way of knowing whom you sued. If you sued an individual, then he/she doesn't need to be represented by an attorney. If you sued a corporation, then it must be represented by an attorney. If you sued an individual who claims that you should have sued a corporation, then he can make that argument and need not be represented by an attorney to do so. Have you checked Idaho corporate records to see if the "aka" corporation is actually a corporation?

Would court issue default judgement in my favor if they dont?


Would court issue default judgement in my favor if they dont?

I don't know the procedural rules for Idaho small claims court. In some states, the defendant files a written answer. In some states, there is no written answer, and the court simply holds a trial. If a corporation files a written answer and is not represented by counsel, the court will typically give the corporation time to get an attorney on pain of having the answer stricken. If it's simply a matter of showing up for a trial and a non-attorney shows up to represent the corporation, most courts would continue the hearing to give the corporation time to get an attorney.

Needless to say, you'll find out what happens when you get to court.

 

[mazden]

Let's start with this:



I just read the "Appeal Order" form (twice) provided by the Idaho Judicial Branch website. That sentence does not appear anywhere in the form. Where are you getting it from?

Read the section on Attorneys. It doesn't say that at all.

Note that you can upload files here if you'd care to post where you read that.

I cant find it online. But it is titled "Small Claims Appeal Order" and also says CV (SC18) under that on bottom of each page.

 

[adjusterjack]

I cant find it online. But it is titled "Small Claims Appeal Order" and also says CV (SC18) under that on bottom of each page.

I can't fine it either. What's the edition date at the bottom?

 

[mazden]

I can't fine it either. What's the edition date at the bottom?

here it is

 

[adjusterjack]

I can't explain the discrepancy. The parties will have to comply with that particular order for that particular case.

However, I can tell you this, if the other party purports to represent his corporation (etc) and you make an issue of it you aren't going to win by default.

The judge will either allow him to represent his corporation (etc) or order him to get an attorney and reschedule the hearing or the other party will eliminate any reference to his corporation (etc).

Frankly, I think that raising the issue of representation will not help you at all and could even make things worse. If your opponent does get an attorney, going up against an attorney without one of your own is like bringing a rubber knife to a gunfight. You'll be the one on the ground bleeding.

 

[mazden]

Good points thanks

 

[mazden]

Another curious thing about the guidelines are the Pleadings requirement. e.g. Pleading (Statement) to be submitted 14 days from court date. It says "must state all" (anything not stated will not be allowed) and "must be short & concise". So how would a comprehensive Statement (that includes all items you wish to bring forth) also remain "short & concise" ?

 

[Highwayman]

So how would a comprehensive Statement (that includes all items you wish to bring forth) also remain "short & concise" ?

We don't teach essay or creative writing here. It's all relative.

Stick to the FACTS and don't add your commentary or nonsense. Cover your points and then stop.

 

[mazden]

Helpful reply but I am not really asking for writing advice. I'll try to rephrase. Is it true that every single aspect of the case must be spelled out in Statement or it will not be allowed to be presented in testimony? (as Testimony can be quite long involving text and exhibits)