VIRGIN ISLANDS SMALL CLAIMS RULES Rule 2. Commencement; Form of Complaint; Transfer; Answer

• Jurisdiction: United States

Rule 2. Commencement; Form of Complaint; Transfer; Answer

(a) Complaint Commencing Action. A small claims action is commenced by filing a complaint with the Clerk of the Court.

(1) Signature and Contents. The complaint must:

(A) be signed by the plaintiff;
(B) contain a simple statement of the plaintiff's claim;
(C) state

(i) that plaintiff elects to file the case in the Small Claims Division rather than the Civil Division; and
(ii) that the relief requested does not exceed the jurisdictional limits of the Small Claims Division; provided, however, that the plaintiff may waive the excess of his claim to bring it within the jurisdiction of the Small Claims Division.

(2) Written Document as Basis for Claim. If the claim is based in part upon a written document, a copy of the document should be attached to the complaint if the document is available to the plaintiff.
(3) Form. The clerk of the court may issue a form and instructions that, if completed, will satisfy the requirements of subpart (a) of this Rule. The clerk shall, at the request of the plaintiff, assist in completing the complaint in conformity with these Rules, but the clerk may not provide legal advice.
(4) Docketing. The clerk must not refuse to docket a complaint solely because of any defects in its form or title.

(b) Magistrate Division. In accordance with Title 4, section 123(d) of the Virgin Islands Code, all actions commenced in the Small Claims Division shall be concurrently assigned to the Magistrate Division.

(c) Waiver of Jury Trial and Right to Counsel. Except as otherwise provided in these Small Claims Rules,

(1) electing to file a complaint with the Small Claims

...