Our judicial system is predicated upon the proposition that all men are equal before the law. However, certain inequities of the civil judicial process still exist. One of these inequities is the inability of a poor individual to sue for his rightful small claim. Seldom does a man of meager means have the financial ability to hire an attorney to prosecute his case, and to pay the court costs in his effort to collect a small claim due him. Thus, in the area of civil suits for small claims, "equal justice for all" is a hollow phrase. The most feasible solution which would allow justice for both plaintiff and defendant in suits for small claims is the establishment of small claims courts. These courts are characterized by their informal rules of procedure. While substantive law is retained as a basis for the ultimate decision reached by the small claims court, rules of procedure are stated in terms easily understood by laymen without the advice of legal counsel. Establishment of small claims courts in Nebraska is dependent upon their proper enactment according to the Nebraska constitution.
Stephen G. Olson,
The Establishment of Small Claims Courts in Nebraska,
46 Neb. L. Rev. 152
Available at: http://digitalcommons.unl.edu/nlr/vol46/iss1/11