Can I request a trial by written declaration in small claims court?

In Arkansas, a trial by written declaration is not available in small claims court. However, both parties have the opportunity to present their case to an arbitrator if they choose. The procedure for requesting an arbitrator is as follows. First, you must contact the clerk of the court in which the case was filed. The clerk will provide you with the necessary forms to request an arbitrator and an explanation of the arbitration process. Once you have completed the forms and returned them to the court, you will be assigned an arbitrator and your case will be scheduled for a hearing. At the hearing, an arbitrator will hear evidence from both parties and decide the dispute. Since there is no jury or judge, both parties must present their cases directly to the arbitrator. The arbitrator will make a decision based on the facts that have been presented. In Arkansas, the arbitration process in small claims court is intended to be an informal, efficient way to resolve disputes that would not be adequately addressed by the formal court system. The arbitrator’s decision is final and binding. In some cases, the parties can agree to be bound by the arbitrator’s decision without having to appear in court.

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