A trial procedure before a justice of the peace (justice) is not bound by any technical rules.  Generally, state statutes lay down the place for trial of an action in a court of justice[i].  If a state statute specifies the place for trial, then such trial must be conducted at the prescribed place and any change in the place of trial would render a judgment void[ii].  A justice does not have the authority to sit en banc, or make any shared or combined findings.

There is no particular form for filing a pleading before a justice.  However, the only requirement is that a person with common understanding must understand from the pleading, the party’s intention.  Any pleading that gives sufficient and common understanding about the facts of a case and the party’s intention is treated as a sufficient pleading.

Pleadings must be filed within the time prescribed in the statutes.  However, pleadings can be filed at a later date with the permission of the justice.  For example, a pleading can be filed on the adjournment date requested by a plaintiff/defendant.  An adjournment may be granted for a one week period and after expiration of that period, the right to plead will be lost, unless it has been preserved by agreement made by parties consenting to such an adjournment with the justice’s approval[iii].  When a plaintiff requests for a return date’s adjournment, a justice will presume that the plaintiff has consented to the defendant’s filing of pleading on the adjourned date.

Pleadings are construed with great liberality[iv].

A justice does not have authority to call upon parties for an oral argument.  However, if there is any statute that empowers such a calling, then a justice can call upon the parties for an oral argument.

[i] Commonwealth v. Ryan, 257 Pa. Super. 538 (Pa. Super. Ct. 1978).

[ii] Carter v. Atkinson, 12 Ga. App. 390 (Ga. Ct. App. 1913).

[iii] Rapp v. New York, 176 A.D. 155 (N.Y. App. Div. 1916).

[iv] Womack v. Columbus Rentals, 223 Ga. App. 501 (Ga. Ct. App. 1996).