25-35-601: Commencement of action -- assistance to claimant.

(1) A small claims action is commenced whenever any person appears before a justice of the peace or the justice's clerk and executes a sworn small claims complaint in substantially the same form as set forth in 25-35-602.

(2) The justice shall assist any claimant in preparing the complaint or instruct the clerk to provide the assistance. The attorney general shall prepare a pamphlet explaining in plain language the procedures for prosecuting and defending a claim in small claims court and distribute copies of the pamphlet to each small claims court. The justice or the justice's clerk shall give the plaintiff a copy when the plaintiff appears to execute a complaint, and a copy must be attached to the order of the court/notice to defendant.