HB 1058 - Small Claims Summary

• Amends North Dakota Century Code section 27-08.1-04 regarding small claims court procedures and appeal rights.

• Plaintiff's election to proceed in small claims court is irrevocable, and waives the right to appeal the small claims court decision to any other court.

• Defendant waives appeal rights upon receiving the appearance order, unless the defendant elects to remove the action to district court.

• If defendant removes to district court, defendant must serve notice of removal on plaintiff and file the claim affidavit, answer, and filing fee (except answer fee) with the district court clerk.

• District court must award attorney's fees to a prevailing plaintiff if defendant removes the case; if defendant appeals a district court judgment to the supreme court, the supreme court must award reasonable attorney's fees to the prevailing appellee.