§ A406-28. Small claims., Chapter A406. Kingston City Court Act, APPENDIX, Code of Ordinances, Kingston, City

"Small claims" defined. As used in this section, "small claims" shall mean and include any claim or cause of action or counterclaim within the jurisdiction of this Court except summary proceedings for the recovery of real property, where the amount claimed by the plaintiff or claimant or defendant or the value of the property affected or of the right claimed does not exceed $150, exclusive of interest and costs.

Small claims procedure, generally. The Court may, by rules, regulate the practice and procedure controlling the determination of small claims and prescribe and furnish the forms for instituting them. They shall constitute a simple, informal and inexpensive procedure for the prompt determination of such claims so as to do substantial justice between the parties, in accordance with the rules and principles of substantive law. The provisions of the Civil Practice Act, the Rules of Civil Practice and this act shall apply to claims brought under this section; so far as the same can be made applicable and are not in conflict, the provisions of this section shall control. Nothing contained in this section, however, shall be construed to render inapplicable statutory provisions relating to privileged communications and the provisions of § 347 of the Civil Practice Act.

Commencement of action. Small claims shall be commenced upon payment by the claimant of a filing of $1.25, without the service of a summons and, except by special order of the Court, without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the Clerk, who shall reduce the same to a concise, written form and record it in a docket kept for such purpose. A notice of such claim and of the time set for the hearing thereof shall be sent to the person complained against by registered mail, with return receipt requested. The cost of sending such notice shall be included in the filing fee hereinbefore specified.

Transfer. The Court shall have power to transfer any small claim or claims to any other part of the Court upon such terms as the rules may provide, and proceed to hear the same according to the usual practice and procedure applicable to other parts of the Court.

Trial by jury. A person commencing an action upon a small claim under this section shall be deemed to have waived a trial by jury, but if said action shall be removed to a regular part of the Court, the plaintiff shall have the same right to claim a trial by jury as if such action had originally been begun in such part. Any party to such action, other than the plaintiff, prior to the day upon which he is notified to appear or answer, may file in the Court where the action is pending a demand for a trial by jury and his affidavit that there are issues of fact in the action requiring such a trial, specifying the same, and stating that such trial is desired and intended in good faith. Such demand and affidavit shall be accompanied with the jury fee required by law and an undertaking in the sum of $50, in such form as may be approved by the rules, payable to the other party or parties, conditioned upon the payment of any costs which may be entered against him in said action or any appeal within 30 days after the entry thereof; or, in lieu of said undertaking, the sum of $50 may be deposited with the Clerk of the Court, and thereupon the Clerk shall forthwith transmit such original papers or duly attested copies thereof as may be provided by the rules of the part of the Court to which the action shall have been transferred and assigned, and such part may require pleadings in such action as though it had been begun by the service of a summons, and such action may be considered a preferred cause of action. In any small claim which may have been transferred to another part of the Court, the Court may award costs up to $25 to the plaintiff if he prevails.

Review. A person commencing an action upon a small claim under this section shall be deemed to have waived all right to appeal, except that either party may appeal on the sole grounds that substantial justice has not been done between the parties according to the rules and principles of substantive law.

Res judicata. A judgment obtained under this section may be pleaded as res judicata only as to the amount involved in the particular action and shall not otherwise be deemed an adjudication of any fact at issue or found therein in any other action or court.

To whom procedure unavailable. No corporation, partnership or association and no assignee of any small claim shall institute an action or proceeding under this section.

Procedure alternative. Procedure under this section shall not be exclusive but shall be alternative to the procedure in actions commenced in the Court by the service of a summons.