Small Claims Procedure for Magistrates: Judgments, Orders, and the Difference between Them

Published for On the Civil Side on October 21, 2015.

When a magistrate has heard evidence in a case and makes a decision based on that evidence, the formal document reflecting that decision is a judgment of the court. Form judgments for each kind of small claims case are provided by the AOC (designated as CVM forms), and they provide a valuable guide to the finding and conclusions required for a proper judgment. While the AOC forms are convenient, the law does not require their use, and some counties routinely utilize different forms. The AOC forms do reflect thoughtful decisions about what should be included in a judgment, however, and a small claims magistrate is advised to investigate further before deciding to routinely deviate from or ignore some portion of the judgment form.

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