Ela v. Pelletier

VIOLETTE, Justice.

The defendant appeals from a judgment entered against him in a small claims action. His sole contention is that he is entitled to a jury trial. We determine that, insofar as it precludes defendants from obtaining trial by jury, the Maine small claims procedure violates article I, section 20 of the Maine Constitution. To remedy this constitutional defect, we hold that any small claims defendant who has a right to a jury trial under article I, section 20 may exercise that right through a trial de novo in the Superior Court on appeal from the judgment of the District Court. We…