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Raising small‑claims cap to $50,000 draws sharp questions on discovery and judicial authority
Summary
Sponsors said SB 405 would let individuals pursue larger claims in magistrate court without hiring attorneys; opponents and several senators warned magistrate courts lack discovery tools and some magistrates are not attorneys, raising concerns about appeals, insurance coverage and fairness.
Lawmakers debated SB 405 at length in the Rules Committee after its sponsor described the bill as a measure to expand access to justice by raising the magistrate (small‑claims) cap from $15,000 to $50,000. The sponsor argued the change would allow citizens to resolve consumer and contractor disputes without the cost of attorneys.
Opponents and some committee members raised…
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