South Carolina Court AdministrationSouth Carolina Supreme Court

Columbia, South Carolina

ROSALYN W. FRIERSONDIRECTOR

1015 SUMTER STREET, SUITE 200COLUMBIA, SOUTH CAROLINA 29201

TELEPHONE: (803) 734-1800FAX: (803) 734-1355

E-MAIL: rfrierson@sccourts.org

MEMORANDUM

TO: All Magistrates

FROM: Robert L. McCurdy. Senior Staff Attorney

RE: South Carolina Rules of Magistrate Court

DATE: May 2, 2008

On February 1, 2008, the South Carolina Supreme Court presented the proposed Civil Rules of Magistrate Court to the General Assembly for their consideration. The Legislature did not reject the Rules during the 90 day period. Therefore, attached is a copy (Adobe version) of an Order of the Supreme Court adopting the Rules, effective May 1, 2008. The Rules are contained in the Order. I have also attached a Word version of the Rules for your convenience. Please note that Rules 6(k) and 20 shall not be effective to the extent that they may be inconsistent with §§ 22-3-120 and 22-3-220. You will be notified when the status of those Rules change. The new Rules are posted under the “Rules” section of the Judicial Department website.

Provided below is a brief explanation of the contents of each rule. Where possible, the explanation indicates the change from the previous rule or statute, the reason for the change, and the anticipated result of the change.

Scope and Purpose

This preamble provides that these Rules shall govern civil procedure in magistrate courts statewide and are to be cited as the “South Carolina Rules of Magistrate Court.” The preamble also provides that time limits for taking any actions under these Rules may not apply where different time limits are specified by statute. This provision reconciles inconsistencies in time limits, such as found in § 27-37-20 (tenant shall have ten days after service of the Rule to appear before the magistrate and show cause why the tenant should not be ejected) and § 22-3-1330 (c) (summons in a claim and delivery action shall require the defendant to appear before the magistrate not more than twenty days after service).

Rule 1Definitions

The Rule provides definitions to be used throughout the Rules. The title of the Rule has been changed from “Terminology” to “Definitions.” No terms are added by the newly adopted Rules.

Rule 2Application of Statutory Law and Circuit Court Practice in Absence of Rule

Subsection (a) of the proposed Rule provides that statutory law and circuit court practice supplement the proposed Rules and shall be followed if no procedure is provided by the proposed Rules. The previous Rule 2 contained a similar provision, which provides that statutory law and circuit court practice supplement the magistrate Rules when no procedure is provided. This provision is useful in that it provides guidance when no Rule exists addressing an issue.

Subsection (b) of the existing Rule, which allows magistrates to promulgate local rules for their court, is eliminated, which should result in a more uniform civil procedure statewide.

Rule 3Computation of Time Periods

The Rule provides a specific method for computation of time periods associated with the Rules. The time scheme is consistent with Rule 6(a), SCRCP, "Time," and is similar to the previous Rule 3. The Rule adds the stipulation that when a period of time prescribed or allowed is less than seven (7) days, only working days shall be included in the computation.

Subsection (a) of the existing Rule 3, which provides that each magistrate's court shall conduct civil court as often as reasonably necessary, has been eliminated as unnecessary.

Rule 4Filing Civil Action; Action against Corporation; Long Arm Statute

The Rule provides venue for filing civil actions in magistrate’s court. Subsection (a) maintains the pre-existing Rule that a civil action may be filed in the county in which one defendant resides. This subsection of the Rule adds portions of § 15-7-30, relating to venue in civil actions, which was most recently amended by the 2005 Tort Reform Act. Under the new Rule, in addition to venue being proper in the county where one defendant resides, Rule 4(a) provides that a civil action may alternatively be filed in the county where the most substantial part of the cause of action arose.

Rule 4(a) also incorporates the provision of § 15-7-30 relating to filing a civil cause of action against a domestic corporation. Rule 4(a) provides that an action against a domestic corporation may be filed in the county where the corporation shall have its principal place of business. The previous Rule 4 provided that civil actions against corporations may be filed in any county where such corporation shall have or shall usually keep an office or agent for the

transaction of its usual and customary business. The Rule is consistent with the statutory venue provisions applicable to circuit court.

Subsection 4(b) is added to provide jurisdiction in magistrate court pursuant to § 36-2-803, the long arm statute based on conduct. The subsection allows a civil action to be filed in the county where the plaintiff resides, or where the cause of action arose, if the defendant does not reside in South Carolina and jurisdiction is based on § 36-2-803. This subsection allows a party to file any of the eight statutorily enumerated causes of action against a nonresident, subject to the minimum contacts test required to gain personal jurisdiction pursuant to the long arm statute based on conduct.

Rule 5Complaint

The Rule provides for the procedure of filing a complaint in magistrate court. Subsection (a) incorporates the requirements contained in the previous Rule 5, including the definition and required contents of a "complaint" (a short and plain statement showing what the plaintiff claims and why he claims it). Subsection (a) requires that the court assist a party in reducing a complaint to writing if a party is unable to do so, which is a provision that was in the previous Rules. Finally, subsection (a) provides that a plaintiff may combine as many claims as he has against a defendant in one case, and he may sue more than one defendant in one case if his claim involves all of the defendants, a provision that was also in the previous Rules.

Subsection (b) requires the plaintiff to provide an address to which the Court shall mail notices and correspondence concerning the case, and to require the plaintiff to notify the court of any change of address. The subsection further provides that the court may notify the plaintiff of all proceedings incident to the case by first-class mail. Allowing the court to notify by first-class mail provides an inexpensive but reliable method of notice to the plaintiff, which was not provided in the previous Rules.

Subsection (c) allows for the filing of an action in forma pauperis, and contains similar language to that providing for such a filing in circuit court pursuant to Rule 3(b), SCRCP. There was no provision in the previous Rules for such a filing. The inclusion of this subsection makes clear that upon proper showing an individual may file in forma pauperis in magistrate court.

Rule 6Summons; Service

The Rule rewrites the previous Rule 6 concerning the issuance of a summons and provides guidelines for service of civil process. The Rule is now very similar to Rule 4, SCRCP with respect to service of process.

Subsection (a) requires that, upon the filing of a complaint, the court shall issue a summons, which shall be served on each defendant, along with the complaint and any attachments. Previous Rule 6(a) contained provisions concerning time limits on filing an answer

and any appropriate counterclaims. The Rules remove that language from this Rule and address those time limits in proposed Rule 7, "Answer and Counterclaim; Time for Filing."

Subsection (b) details information which must be contained in a summons, including identifying information of the court and parties. The subsection also requires language in the summons informing the defendant of his right to answer and counterclaim, and the ramifications for failing to do so in a timely manner. The requirements are similar to those contained in Rule 4(a), SCRCP, and such direction was not contained in the previous Rules.

Subsection (c) defines who may serve the summons, along with the complaint and any attachments. The language in subsection (c) defining who may serve the summons is identical to the language of Rule 4 (c), SCRCP, addressing who may serve a summons in circuit court.

Subsection (d) provides clear direction on how and upon whom process must be served on different classes of individuals. The subsection incorporates the language of Rule 4 (d), SCRCP, concerning service on individuals, minors and incompetents, corporations and partnerships, governmental subdivisions, statutory service, and service by certified mail. In regard to service by certified mail, the new Rules no longer require that time limits be doubled when service is accomplished by mail.

Subsection (e) provides that when a statute or court order provides for service upon a party not an inhabitant of or found within the State, service shall comply with the statute or order. The language of the subsection is consistent with that of the corresponding subsection in Rule 4, SCRCP.

Subsection (f), "Territorial Limits of Effective Service," sets forth the territorial limits in which service is effective, and provides that all process other than a subpoena may be served statewide and, when a statute so provides, beyond territorial limits of the State. The subsection limits service of a subpoena to the county of the court's jurisdiction.

Subsection (g), "Proof and Return," sets forth requirements for documenting service. If served by law enforcement, the subsection requires a certificate. If served by any other person, the subsection requires an affidavit of service. If served by publication, the printer or publisher must complete an affidavit. The subsection also requires that certain information be contained in the proof of service. The language of the proposed subsection is identical to Rule 4 (g), SCRCP.

Subsection (h), "Proof of Service Outside of State," provides the requirements for proof of service when accomplished on an out of State party, and is identical to the corresponding subsection of Rule 4, SCRCP.

Subsection (i), "Amendment," gives the court discretion to allow amendment of process or proof of service, and is identical to the corresponding subsection of Rule 4, SCRCP.

Subsection (j), "Acceptance of Service," provides that signed acknowledgment in writing by the person served or that person's attorney constitutes proof of service. Again, the subsection is identical to the corresponding subsection of Rule 4, SCRCP.

Subsection (k), "Dismissal of Summons and Complaint," provides that a magistrate may dismiss a complaint, without prejudice, if not served within 120 days of filing. This subsection allows a magistrate to dismiss a complaint without prejudice where service is difficult or impractical.

Rule 7Answer and Counterclaim; Time for Filing

The Rule sets forth time limits within which a party must file an answer and counterclaim to a complaint. The Rule provides that an answer and any appropriate counterclaim must be filed with the Court within thirty (30) days of service. The time limit is consistent with the previous Rule 7. The new Rule also deletes the outdated provision concerning the time to file if amount in controversy is under $25.00.

Rule 8Delivery and Filing of Pleadings and Other Papers

The Rule provides procedure for the delivery of pleadings and other papers to opposing parties. The Rule is similar to the provisions contained in Rule 5, SCRCP.

Subsection (a), Delivery: When Required, requires that every order, pleading after the original summons and complaint, written motion, written notice, appearance, and demand, offer of judgment, or similar documents shall be delivered to each of the parties, unless otherwise ordered by the court.

Subsection (b), Same: How Made, details to whom documents shall be delivered and in what manner they shall be delivered. If a party is represented by an attorney, court related documents shall be delivered to the attorney. Otherwise, delivery shall be made to the party. The subsection defines delivery and allows delivery of documents, other than the original summons and complaint, by mail.

Subsection (c), Service or Delivery on Sunday, allows service of civil process on Sunday, unless the party is going to or from or attending church or a religious service.

Rule 9Counterclaim

The Rule addresses procedural aspects of counterclaims in magistrate court civil proceedings. The Rule deletes the previous requirement that the court inform an unrepresented defendant of any existing counterclaims not previously raised.

Subsection (a) provides that the defendant may assert a counterclaim which grows out of the same transaction or occurrence as the plaintiff’s claim, and requires that it be filed within the timeframe provided for an answer. The subsection requires that the court assist a defendant in reducing a counterclaim to writing, if necessary. The subsection requires that the court deliver a copy of the counterclaim to the defendant in a manner provided for in Rule 8. The Rule provides

that the claims contained in the counterclaim shall be denied by the plaintiff and no answer or reply is required to be filed by the plaintiff in response to a counterclaim filed by the defendant.

Subsection (b) provides that the defendant may waive the excess of a counterclaim which exceeds the magistrate's jurisdictional limit to bring it within jurisdiction of magistrate’s court. The Rule prevents a defendant from thereafter filing an independent claim for any excess waived. If a defendant files a counterclaim in excess of the jurisdictional limit and refuses to waive the excess, the Rule requires that the entire case be transferred to the circuit court in that county as if originally filed therein, which is consistent with Rule 13(j), SCRCP, as well as statutory law.

Rule 10Trial Date; Notice; Failure to Answer

The Rule provides a procedure by which a magistrate shall bring a case to trial and contains the same basic procedure as is provided in previous Rule 9.

Subsection (a) of the Rule provides that upon the filing of the answer by the defendant, the court must set the date for the trial and notify both parties of the date in a manner provided for in Rule 8.

Subsection (b) provides that if the defendant fails to answer within the specified time period, the court shall set a default hearing date, if necessary, and notify all parties of that date as provided for in proposed Rule 8. The subsection further provides that the entering of a default judgment must comply with proposed Rule 11, which addresses default judgments. Finally, the subsection makes clear that a defendant may only cross-examine witnesses at a default hearing.

Rule 11Default Judgment; Dismissal of Action; Damages

The Rule provides for default judgments in civil magistrate court proceedings. The Rule rewrites previous Rule 10, Failure to Answer, and incorporates § 22-3-270, which addresses default judgments in magistrate court. The Rule provides clear, concise guidance on how to proceed when parties default in magistrate court. The Rule incorporates the existing Rule and statutory law in one Rule, but makes no true substantive changes to existing practice.

Subsection (a) allows plaintiff judgment by default for the defendant's failure to answer or appear, without a hearing if the damages are liquidated. If the damages are unliquidated and the plaintiff includes an itemization of account with the complaint, and both are served on the defendant with the summons, a default judgment without a hearing may be given if the defendant fails to answer or fails to appear at trial. The subsection then provides that in all other cases the plaintiff cannot recover without proving damages at a hearing.

Subsection (b) directs that the court may dismiss an action if the plaintiff fails to appear at trial, or if the plaintiff and defendant fail to appear at trial.

Subsection (c) addresses situations where a defendant has filed a counterclaim and the plaintiff fails to appear at trial. The principles described above addressing liquidated and unliquidated claims, and the accompanying procedure, are provided in this subsection for the defendant's use for those situations where the defendant has filed a counterclaim and the plaintiff fails to appear at trial.

Subsection (d) provides that if a default hearing is conducted at the time of trial, because either the plaintiff or the defendant failed to appear, no further notice need be given to the parties of the default hearing, provided both parties were given proper notice as provided in Rule 8.

Subsection (e) provides that the court, for good cause shown, may set aside a default judgment in accordance with Rule 12, Relief from Judgment or Order, which is discussed below.

Rule 12Relief from Judgment or Order

The Rule provides specific procedures to obtain relief from a judgment or order. The Rule contains the exact language (absent one line in subsection (a) pertaining directly to circuit court) as Rule 60, SCRCP, "Relief from Judgment or Order."

Subsection (a) provides the court, on its own initiative or by motion from a party, may correct clerical mistakes and errors in judgments or orders arising from oversight or omission.

Subsection (b) provides relief from a judgment or order based on (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; or (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or vacated, or it is no longer equitable that the judgment should have prospective application. The subsection further provides that relief must be sought by motion from a party and must be made within a reasonable time, or within one year from judgment if based on (1), (2), and (3).

Rule 13Conduct of Trial; Jury Trials; Witnesses; Subpoenas

The Rule provides general guidelines for conducting trials in magistrate’s court. Subsection (a) of the Rule provides that trials shall be conducted in an informal manner, and the South Carolina Rules of Evidence shall apply but shall be relaxed in the interest of justice.

Subsection (b) requires that all magistrates’ offices post a notice that, in civil actions, the court will explain procedure and will help parties prepare paperwork, if necessary.

Subsection (c) requires that a request for a jury trial must be made in writing at least five working days prior to trial.

Subsection (d) requires that all testimony be given under oath or affirmation.

Subsection (e) provides that the court shall have the power to issue witness subpoenas. The subsection has been amended to provide that the court may issue subpoenas signed but otherwise in blank to a party requesting it, who shall complete it before service. The subsection has been further amended to allow attorneys to issue and sign subpoenas on behalf of the court.

Rule 14Amendment of Complaints, Answers, and Counterclaims; Continuances

The Rule provides for the amendment of pleadings and the granting of continuances by the court. The Rule contains the identical language of previous Rule 12. The Rule allows leniency by a court in the amendment of pleadings, as well as the granting of continuances, when necessary to serve the ends of justice. The Rule requires the court to approve all continuances, which must be for as short a period of time as possible, and limits a party to one continuance, unless unusual circumstances exist.

Rule 15Exchange of Information between Parties; Settlement

The Rule provides for the exchange of information and documents between parties, but excludes formal discovery. The Rule does not grant magistrates the authority to issue subpoenas duces tecum.

Subsection (a) encourages the prompt and voluntary exchange of information between parties, but prohibits the court from requiring such exchange.

Subsection (b) permits the court to conduct pretrial conferences for the purpose of simplifying issues, shortening the trial, or leading to the voluntary exchange of information which might promote settlement. The subsection provides that the court may order that lists of exhibits to be offered by a party at trial be furnished to the opposing party.

Rule 16Directed Verdicts; Judgment Notwithstanding the Verdict

The Rule provides for motions for directed verdict and judgment notwithstanding the verdict in magistrate civil proceedings. The substance of this Rule was not provided for in the previous Rules. However, since the circuit court rules supplement magistrate court Rules, those motions were regularly made in magistrate courts.

Subsection (a) provides that at the close of evidence offered by a party, if the case presents only questions of law, the court may direct a verdict on its own motion or by motion of either party. The subsection further provides that an order granting a directed verdict is effective without assent of the jury.

Subsection (b) provides that if a directed verdict is not granted at the close of all of the evidence, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised during the trial of the case. If the jury returns a

verdict, the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct entry of judgment as if a directed verdict had been granted. Finally, the subsection provides that a jury verdict is final if no motion for a new trial or judgment notwithstanding the verdict is filed with the court within five (5) days of verdict and the court has not on its own motion ordered a new trial or directed a verdict notwithstanding the jury verdict.

Rule 17Costs; Notice of Judgment; Enforcement

The Rule provides for the allowance of costs, guidelines for the issuance of judgments, and guidelines for the filing of judgments. The Rule addresses matters contained in previous Rule 15. The language contained in subsection (b) of the previous Rule addressing notice to a party subject to a default judgment has been deleted as redundant, since it is contained in the proposed Rule addressing default judgments. The language contained in subsection (c) of the existing Rule addressing the court’s authority to require the judgment be paid in installments has been deleted as unnecessary. Otherwise, there are no substantive changes from existing Rule.

Subsection (a) provides for the allowance of costs, exclusive of the jurisdictional limit of the court.

Subsection (b) requires that the court deliver written notice of judgment to all parties or their attorneys pursuant to the procedure provided in proposed Rule 8, except written notice is not required if the judgment is announced at the trial in the presence of that party or that party's attorney.

Subsection (c) provides that enforcement of judgments is by way of execution, as provided by law.

Subsection (d) requires that, upon payment in full, the judgment creditor file a statement of collection with the court in which the judgment is filed.

Rule 18Appeals

The Rule provides procedural guidelines to parties and the court for appeals of magistrate civil court proceedings. Appeals were addressed in previous Rule 16 which provided no procedural guidance. This Rule incorporates existing statutory law addressing the subject, as well as adding further guidance to the court and parties when effectuating an appeal.

Subsection (a) directs that appeals from magistrate court shall be to the circuit court in the county where the judgment was rendered. The subsection provides a thirty (30) day time limit on filing an appeal, defines the required contents of the notice of appeal, and requires that the appeal be filed with the circuit court where the appeal shall be heard, along with the appropriate filing fee, and served on the magistrate. Finally, the subsection requires the appellant serve the respondent with notice of appeal.

Subsection (b) requires that the magistrate file the return with the circuit court within thirty (30) days of receipt of the notice of appeal, and provides a procedure for granting an extension of the filing time to the magistrate for good cause shown. The Rule requires that the magistrate include with the return a record of the case, a statement of all the proceedings in the case, and, if necessary, the testimony taken at trial.

Subsection (c) requires that the clerk of the circuit court give notice to the parties when the magistrate files the return.

Rule 19New Trial; Amendments of Judgments

The Rule provides procedure for motions for new trials and amendment of judgments in magistrate civil court proceedings. This new Rule is similar to Rule 59, SCRCP.

Subsection (a) contains much of the same language as Rule 59(a), SCRCP, and provides that a new trial may be granted for any of the reasons for which new trials previously have been granted in the courts of this State.

Subsection (b) requires that motions for a new trial be in writing and made not later than five (5) days after notice of the judgment. This is consistent with the time period in the previous Rule and in § 22-3-1000. It is the court’s responsibility to notify all opposing parties that a motion has been filed and to provide those parties with a copy of the motion in accordance with Rule 8.

Subsection (c) provides that the court may order a new trial on its own initiative for any reason in which it would have granted a new trial to a party. The subsection requires that the court hold a hearing with notice to both parties. In either case, the court shall specify in an order the reason for granting a new trial.

Subsection (d) is similar to Rule 59(e), SCRCP, and allows a party to file a motion to alter or amend a judgment if filed no later than five (5) days after notice of judgment. The subsection requires notice of filing of the motion be given to all opposing parties and a copy provided to those parties by the court pursuant to Rule 8.

Subsection (e) requires that, except by consent of both parties, argument on a motion for a new trial must be heard by the magistrate before whom the trial was heard. The subsection allows the court discretion to decide these motions on briefs filed by both parties without oral argument.

Rule 20Offer of Judgment; Consequences of Non-Acceptance

The Rule provides procedures for parties to make offers to settle prior to trial. This Rule contains similar provisions to Rule 68, SCRCP and § 15-35-400, relating to offers of judgment.

Subsection (a) provides that either party to an action may serve on the adverse party an offer to allow judgment to be taken against the party for the money or property or to the result specified in the offer with costs accrued to the date of the offer. The subsection provides ten (10) days within which to accept the offer by serving written notice of acceptance. Either party may then file the offer and notice of acceptance, together with proof of service, and the court shall enter judgment. An offer not accepted is considered withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs.

Subsection (b) outlines the consequences of failing to accept an offer when the offeror obtains a verdict or determination at least as favorable as the rejected offer. The subsection provides that the offeror shall recover from the offeree: (1) court costs from the date of the offer until the entry of the judgment; (2) if the offeror is the plaintiff, 8% interest computed on the amount of the verdict from the date of the offer to the entry of judgment; or (3) if the offeror is a defendant, reduction from the judgment or award of 8% interest computed on the amount of the verdict from the date of the offer to the entry of the judgment.

Subsection (c) provides that the Rule has no impact on the contractual rights of any party concerning the recovery of attorney's fees or other monies in accordance with any contract between the parties of an action.

Rule 21Business Representation

The Rule provides that businesses, as defined in § 33-1-103, may be represented in magistrate civil court proceedings by non-lawyers, attorneys licensed in other jurisdictions, and those possessing Limited Certificates of Admission pursuant to Rule 409, SCACR. The Rule allows compensation for the service and requires written authorization from the entity prior to representation. The Rule follows the principle set forth in the Order of the Supreme Court dated September 21, 1992, In Re: The Unauthorized Practice of Law, and of § 33-1-103, which addresses representation in magistrate civil court proceedings.

Rule 22Arguments on Motions and at Trial

The Rule provides for the order of arguments on motions and for opening and closing arguments at trials and incorporates the provisions of Rule 43(j), SCRCP. The Rule provides as follows: the moving party upon motion shall have the option to both open and close argument; the plaintiff shall have the option to both open and close argument at trial; except that a party admitting the adverse party’s claim in his pleading, and taking upon the burden of proof, shall have the same privilege. The Rule also requires that the party having the right to open shall be required to open in full, and in reply may respond in full but may not introduce any new matters.

Rule 23Subpoenas

The Rule provides guidelines for the issuance of subpoenas in magistrate civil court proceedings. Subsection (a) requires the court to issue a subpoena upon application of a party requiring a person to appear and give testimony. The subsection provides that the court may issue a subpoena signed but otherwise in blank to a party requesting it, who shall complete it before service. The subsection further allows an attorney to issue and sign a civil subpoena on behalf of the court.

Subsection (b) defines the general rule as to who may serve a subpoena and provides that it may served by the sheriff or sheriff’s deputy of any county in which the witness may be found, by a constable of the court, or by any other person who is not a party to the action and not less than 18 years of age. This complies with the general rule of service of process found in Rule 6.

Subsection (c) limits a magistrate court's subpoena power to the county within which the court sits.

Subsection (d) subjects a party who fails to obey a subpoena without adequate excuse to contempt of court.

Subsection (e) provides a person subpoenaed to attend a trial shall receive $25.00 for each day’s attendance and mileage in the same amount as provided by law for state officers and employees.

Subsection (f) incorporates the provisions of § 22-3-940, concerning testimony de bene esse. The subsection authorizes and provides procedure for a magistrate to order the testimony of a necessary witness who is unable to attend due to absence, extreme age, sickness or infirmity, or when the witness does not reside in the county of the court's jurisdiction.

Rule 24Forms

The Rule provides for specified recommended forms to be used in magistrate civil court proceedings and provides that Court Administration shall make amendments or additions to the forms under direction of the Supreme Court.

Several existing forms were amended and several new forms were added. All forms are currently on the Judicial Department website. A list of the forms, as well as a brief explanation of any amendments, is provided below.

[1] SUMMONSRevisions include instructions relating to making a timely request for a jury trial, and

notifying the defendant that crossclaims may be filed in addition to a counterclaim.

[2] COMPLAINTMinor changes were made to the form. A phrase was added at the end to provide for

claims “based on my information and belief”.

[3] INSTRUCTIONS TO DEFENDANTParagraph 10 was added concerning non-lawyer representation for a business.

[4] ANSWERAn introductory paragraph was added.The format was altered but no substantive revisions were made. Instructions to file the

Answer within 30 days were added at the end.

[5] JUDGMENT (No revisions)

[6] COUNTERCLAIMA correction was made to change the time to file an appeal from 10 days to 30 days.

[7] INSTRUCTIONS TO PLAINTIFF (No revisions)

[8] AMENDMENT TO COMPLAINTThis form was revised to simplify the language. Instead of requiring the plaintiff to state

portions of their initial complaint, they now need only provide a statement of the amendments to the original complaint.

[9] SUBPOENA OF WITNESS (No revisions)

[10] DISMISSAL (No revisions)

[11] SATISFACTION OF JUDGMENTA line was added at the bottom to allow for insertion of the CP docket number.

[12] PARTIAL SATISFACTION OF JUDGMENT (No revisions)

[13] PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEMLanguage was added to include appointment for legally incapacitated adults.

[14] NOTICE OF INTENTION TO SEEK CHANGE OF VENUEThis form was revised to recite the statutory authority for seeking such relief as well as to

put the opposing party on notice that an affidavit in support of the request has been filed.

[15] AFFIDAVIT FOR CHANGE OF VENUE (No revisions)

[16] ORDER FOR CHANGE OF VENUEThis form was amended to include a statement concerning whether or not a hearing had

also been held in consideration of the moving party’s motion.

[17] AFFIDAVIT AND ITEMIZATION OF ACCOUNTS (No revisions)

[18] AFFIDAVIT OF DEFAULTLanguage changed to indicate a failure to answer within 30 days of service may result in

a default judgment as opposed to inserting a specific date for a timely answer.

[19] NOTICE OF EXCEPTION TO SURETIESThis form was amended to delete some unnecessary language in the very beginning and

to allow for an explanation of the objection to the suret(ies).

[20] NOTICE (No revisions)

[21] NOTICE OF CIVIL APPEAL (No revisions)

[22] NOTICE OF DEFAULT JUDGMENTLanguage in the form was changed to state that there was a failure to answer the

complaint “within 30 days of service”, as opposed to stating that there was a failure to answer by a date certain.

[23] JURY SUMMONS (No revisions)

[24] JURY DUTY CERTIFICATION (No revisions)

[25] BOND UNDERTAKING AND ORDER (No revisions)

[26] MEMORANDUM OF COSTS (No revisions)

[27] AFFIDAVIT (Claim and Delivery) (No revisions)

[28] AFFIDAVIT AND CLAIM FOR IMMEDIATE DELIVERY OF PROPERTY (Claim and Delivery) (No revisions)

[29] ORDER OF IMMEDIATE POSSESSION (No revisions)

[30] UNDERTAKING BY SURETY AND APPROVAL (Claim and Delivery) (No revisions)

[31] NOTICE OF RIGHT TO A PRESEIZURE HEARING (Claim and Delivery)This form was amended to provide that the defendant must request a hearing within 5

days as opposed to inserting a specific date.

[32] ORDER RESTRAINING DAMAGE OR CONCEALMENT OF PROPERTY (Claim and Delivery)This form was revised to include the statutory authority for such an order. Additionally,

the form was minimally reworked to provide for a clearer instruction concerning the prohibition from concealing or damaging the subject property.

[33] APPLICATION FOR EJECTMENT (Eviction) (No revisions)

[34] RULE TO VACATE OR SHOW CAUSE (Eviction) (No revisions)

[35] WRIT OF EJECTMENT (Eviction)This form was revised to provide for more specific instructions to law enforcement when

executing the writ and also to provide for a return on the face of the writ.

[36] AFFIDAVIT OF PLAINTIFF (Distraint) (No revisions)

[37] NOTICE OF PREDISTRESS HEARING (Distraint) (No revisions)

[38] AFFIDAVIT OF ABANDONMENT (Distraint)The word “total” was added in the first sentence just prior to the listing of a dollar

amount due in rent.

[39] AFFIDAVIT (Attachment)A paragraph was added at the end to allow the plaintiff to provide a written explanation

of the basis for his or her claim.

[40] BOND UNDERTAKING AND APPROVAL (Attachment)In the first sentence a spelling error was corrected to change “principle” to “principal”.

[41] WARRANT OF ATTACHMENT (No revisions)

[42] MOTION AND AFFIDAVIT TO PROCEED IN FORMA PAUPERIS (No revisions)

[43] MOTION AND AFFIDAVIT FOR EMERGENCY HEARING (Protection from Domestic Abuse Act) (No revisions)

[44] SUMMONS (Protection from Domestic Abuse Act) (No revisions)

[45] PETITION FOR ORDER OF PROTECTION (For Use in Magistrate’s Court) (No revisions)

[46] MAGISTRATE’S ORDER PROTECTION FROM DOMESTIC ABUSE ACT (For Use in Magistrate’s Court) (No revisions)

[47] ORDER DENYING RELIEF (No revisions)

[48] TRANSMITTAL FORM FOR DOCUMENTS (No revisions)

[49] AFFIDAVIT OF SERVICE A block was added to the top for the Magistrates Court. Additionally, a sentence was

added at the end for the server to indicate that the person to be served could not be located.

[50] COMPLAINT AND MOTION FOR RESTRAINING ORDER (No revisions)

[51] SUMMONS (Restraining Order) (No revisions)

[52] RESTRAINING ORDER (No revisions)

[53] MOTION AND AFFIDAVIT FOR EMERGENCY HEARING (Temporary Restraining Order) (No revisions)

[54] TEMPORARY (EX PARTE) RESTRAINING ORDER (No revisions)

[55] NOTICE AND MOTION TO EXTEND RESTRAINING ORDER (Harassment and Stalking) (No revisions)

[56] RULE TO SHOW CAUSE (No revisions)

[57] COMPLAINT FOR INTERPLEADERThis form was amended to reflect “Plaintiff/Stakeholder” instead of “Plaintiff”.

[58] SUMMONS (Interpleader) (No revisions)

[59] ANSWER TO COMPLAINT IN INTERPLEADERThe last paragraph was added to provide the return information.

[60] ORDER FOR INTERPLEADER AND SUMMONS FOR HEARING (No revisions)

[61] JUDGMENT FOR EARNEST MONEY IN INTERPLEADER ACTION This is a new form.

[62] AUTHORIZATION FOR NON-LAWYER REPRESENTATIVEThis form is already in use. This form is necessary when a business entity wishes for an

agent or representative to act as lawyer in a specific action on behalf of the business. This form authorizes limited representation in one court action.

[63] AUTHORIZATION FOR NON-LAWYER REPRESENTATIVEThis form is already in use. This form is necessary when a business entity wishes for an

agent or representative to act as its lawyer in all actions brought into the court. This form authorizes continuing representation in multiple/successive court actions.