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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3442   View pdf image (33K)
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DELEGATE 13UKES: Many of our present peoples
courts have relatively informal rules, so that a an who
claims his neighbor owes him $150 can try his own case.
Could you set up a division of the district
court to do this?
DELEGATE MUDD: No. The functional division
of the district courts would have to abiae by the same
rules within its limited function as the district courts.
THE CHAIRMAN: Delegate Mudd, as I understand
the question of Delegate Dukes, it is two-fold. One, under
your plan could a district court be set up so that a func-
tion would be shall claims, as distinguished from a type
of case? That is the first question.
DELEGATE MUDD: Yes. I see no problem there.
THE CHAIRMAN: Second, the second part of his
question was, could thecourt, under its rule making power,
authorize the use of more informal procedures in such a
small claims court?
DELEGATE MUDD: Offhand I would say no, but the
rule making power possibly could so provide.
THE CHAIRMAN: Delegate Dukes.



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3442   View pdf image (33K)
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