Page:United States Statutes at Large Volume 77.djvu/640

 608

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

CHAPTER 39—SMALL CLAIMS AND CONCILIATION PROCEDURE IN COURT OF GENERAL SESSIONS Sre.

16-3901. Practice; applicabilltj- of other laws and rules of court 16-3902. Coiumencemeut of action; form of statement; preparation by clerk; notice and service; costs; default; memorandum to plaintiff. 16-3908. Fees and costs; waiver. 16-3904. Set-off or counterclaim; pleading; retention of jurisdiction. 16-3905. Jury trial; demand; assignment to regular branch. 16-8906. Pre-trial settlement; trial; procedure; default; dismissal or nonsuit; other disposition. 16-3907. Judgment; stay; installment payments; enforcement. 16-3908. Judgment for wages; oral examination; payment. 16-3909. Award of costs. 16-3910. Other rights of Judgment creditor.

§ 16-^901. Practice; applicability of other laws and rules of court All provisions of law relating to the District of Columbia Court of General Sessions and the rules of court apply to the practice in the Small Claims and Conciliation Branch of the court as far as they may be made applicable and are not in conflict with this chapter or chapter 13 of Title 11, or with the rules prescribed pursuant to section 13-101 (c). In case of conflict, this chapter and chapter 13 of Title 11 and the rules so prescribed control. §16-3902. Commencement of action; form of statement; preparation by clerk; notice and service; costs; default; memorandum to plaintiff (a) Actions shall be commenced in the Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions by the filing of a statement of claim, in concise form and free of technicalities. The plaintiflp or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The clerk of the Branch shall, at the request of an individual, prepare the statement of claim and other papers required to be filed in an action in the Branch, but his services are not available to a corporation, partnership, or association, in the preparation of the statements or other papers. A copy of the statement of claim and verification shall be made a part of the notice to be served upon the defendant named therein. The mode of service shall be by the United States marshal, as provided by law, or by registered mail or by certified mail with return receipt, or by a person not a party to or otnerwise interested in the action especially appointed by the judge for that purpose. (b) When notice is to be served by registered mail or by certified mail, the clerk shall inclose a copy of the statement of claim, verification, and notice in an envelope addressed to the defendant, prepay the postage with funds obtained from plaintiff, and mail the papers forthwith, noting on the records the day and hour of mailing. When the receipt is returned, the clerk shall attach it to the original statement of claim, and it constitutes prima facie evidence of service upon the defendant. (c) When notice is served by a private individual, as provided by subsection (a) of this section, he shall make proof of service by affidavit before the clerk, showing the time and place of the service. (d) When notice is served by the marshal, or by registered mail or by certified mail, the actual cost of service is taxable as costs. When notice is served by an individual, the cost of service, if any, is not taxable as costs. (e) The statement of claim, verification, and notice shall be in the following or equivalent form:

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