§ 25-2806 — Pleadings required; informal disposition; judgment

No formal pleadings other than the claim and notice, and the counterclaim or setoff and notice if appropriate, shall be required in the Small Claims Court and the hearing and disposition of all matters shall be informal so that the rules of evidence, except those relating to privileged communications, shall not apply, with the sole object of providing a prompt and just settlement of the issues. When a money judgment is entered, payment shall be made forthwith after time for appeal has run or execution may issue as in other cases in the county court. When a judgment for the return of personal property is entered, return shall be made forthwith after time for appeal has run or an order of delivery may issue as in other cases in the county court.

Legislative History

Source: Laws 1972, LB 1032, § 26; Laws 1984, LB 13, § 16; R.S.1943, (1985), § 24-526. Annotations: The entire matter in Small Claims Court is on a very informal basis, with a minimum of procedural requirements. Harris v. Eberhardt, 215 Neb. 240, 338 N.W.2d 53 (1983). Because no formal pleadings are required in Small Claims Court, a decision of that court will be affirmed on appeal if it can be founded on any theory supported by the evidence. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980). The formal rules of evidence do not apply in small claims court. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).