[Code of Federal Regulations] [Title 32, Volume 5, Parts 700 to 799] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR762.102] [Page 470-471] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 762--MIDWAY ISLANDS CODE--Table of Contents Subpart G--Civil Small Claims Law Sec. 762.102 Small claims procedure; complaint and service. (a) Actions shall be commenced in the court by the filing of a statement of claim, in concise form and free of technicalities. All claims shall be verified by the claimant, whether as a party plaintiff or counterclaimant, or by his agent, by oath or affirmation in the form herein provided, or its equivalent. The Clerk of the Court shall, at the request of an individual, prepare the statement of claim and other papers required to be filed in an action in the court, but his services shall not be available to a corporation, partnership, or association, or to any individual proprietorship in the preparation of the statements or other papers. A copy of the statement of claim and verification shall be made a part of the notice to be served upon the defendant named therein. The mode of service shall be by personal service, by registered mail, or by certified mail with return receipt. (b) When notice is to be served by registered mail or by certified mail, the clerk shall enclose a copy of the statement of claim, verification, and notice in an envelope addressed to the defendant, prepay the postage with funds obtained from plaintiff, and mail the papers forthwith, noting on the records the day and hour of mailing. When the receipt is returned with the signature thereon of the party to whom addressed, the clerk shall attach it to the original statement of claim, and it shall constitute prima facie evidence of personal service upon the defendant. (c) When notice is served personally, the server shall make proof of service by affidavit sworn to before the Clerk of the Court or before any notary public, showing the time and place of the service. (d) The actual cost of service shall be taxable as costs. (e) The statement of claim, verification, and notice shall be in the following or equivalent form: In the Midway Islands Small Claims Court _______________________________________________________________________ (Plaintiff) _______________________________________________________________________ (Address) vs. -------------------- _______________________________________________________________________ (Defendant) statement of claims (Here the claimant, whether as party plaintiff or counterclaimant, or at his request the clerk, will insert a concise statement of the plaintiff's claim, and the original, to be filed with the clerk, may, if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows: the midway islands ss ---------------- being first duly sworn on oath says the foregoing is a just and true statement of the amount owing by defendant to claimant, whether as party plaintiff or counterclaimant, exclusive of all set-offs and just grounds of defense.) _______________________________________________________________________ [Plaintiff (or agent)] Subscribed and sworn to before me this ---- day of --------------, 19----. _______________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Clerk (or notary public) notice To:____________________________________________________________________ Defendant _______________________________________________________________________ Home address _______________________________________________________________________ Business address You are hereby notified that -------- -------------------- has made a claim and is requesting judgment against you in the sum of ---------- -------------- dollars ($------), as shown by the foregoing statement. The court will hold a hearing upon this claim on -------------------- at ------ m. in the Small Claims Court at --------------------. _______________________________________________________________________ (Address of court) You are required to be present at the hearing in order to avoid judgment by default. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of the hearing. [[Page 471]] If you wish to have witnesses summoned, see clerk at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal) ________________________________________________________________________ Clerk of the Court Midway Islands Courts (f) The foregoing verification entitles the plaintiff to a judgment by default, without further proof, upon failure of defendant to appear, if the claim of the plaintiff is for a liquidated amount. If the amount is unliquidated, the plaintiff shall be required to present proof of his claim. (g) The clerk shall furnish the plaintiff with a notice of the day and hour set for the hearing. The hearing shall not be less than 15 days nor more than 30 days from the date of the filing of the action unless a continuance is granted by the judge for good cause shown. All actions filed in the court shall be made returnable therein.