VIRGIN ISLANDS SMALL CLAIMS RULES Rule 4. Pre-Trial and Trial Procedures

• Jurisdiction: United States

Rule 4. Pre-Trial and Trial Procedures

(a) Pre-Trial Procedure. Due to the expeditious and informal nature of Small Claims proceedings, pre-trial procedure—including, but not limited to, pre-trial conferences, discovery (such as the taking of depositions, use of interrogatories and requests for production of documents) and the filing of motions—shall not be permitted in the Small Claims Division, except with respect to motions to dismiss for lack of jurisdiction or for transfer of the action to the Civil Division.

(b) Return Date Proceedings.

(1) Oral Advice of Rights to the Parties. At the outset of proceedings on the return date the court shall address the parties orally, advising them that:

(A) counsel are not permitted in Small Claims proceedings;
(B) no jury trial is available;
(C) the defendant has an automatic right to request transfer of the action to the Civil Division, where assistance of counsel is permitted and a jury trial may be conducted;
(D) the plaintiff has an automatic right to request transfer of the action to the Civil Division if the defendant has filed an answer, counterclaim, or a claim of set-off or recoupment; and
(E) failure of a party to make a request before trial for transfer to the Civil Division will be a waiver of the right to counsel and the right to a jury

...