Title 43 — Civil Remedies and Procedure
20 chapters · 205 sections in this title.
A.S.C.A. § 43.1401 Definitions
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As used in this chapter unless the context otherwise requires, the following meanings apply: (a) “Summary proceedings” means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connectio…
A.S.C.A. § 43.1402 Jurisdiction
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The Trial Division of the High Court of American Samoa has jurisdiction over summary proceedings to recover possession of premises under this chapter. History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.
A.S.C.A. § 43.1403 Rules
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Except as otherwise provided in this chapter, the procedure in summary proceedings is regulated by rules adopted by the High Court of American Samoa. History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.
A.S.C.A. § 43.1404 Entry upon realty-Authorization-Manner
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A person may not make entry into or upon premises unless the entry is permitted by law. If entry is permitted by law, he may not enter with force but only in a peaceable manner. History: 1984, PL 18-27 § 1, 1986, PL 19-41 § 1.
A.S.C.A. § 43.1405 Grounds for summary recovery of possession
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The person entitled to any premises may recover possession of the premises by summary proceedings in the following cases: (1) whenever a person holds over any premises, after failing or refusing to pay rent due under the lease or agreement by which lie holds after 7 days from the…
A.S.C.A. § 43.1406 Demand for possession or payment-Form-Contents
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A demand for possession or payment must be in writing, addressed to the person in possession, and must include the address or a brief description of the premises. The reasons for the demand and the time to take remedial action must be clearly stated. Whenever nonpayment of rent o…
A.S.C.A. § 43.1407 Service of demand
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The demand provided for in 43.1406 may be served by delivering it personally to the person in possession, or by delivering it on the premises to a member of his family or household or an employee, of suitable age and discretion, with a request that it be delivered to the person i…
A.S.C.A. § 43.1408 Circumstances precluding entry of judgment for possession-Retaliatory termination of tenancy defense
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A judgment for possession of the premises for an alleged termination of tenancy may not be entered against a defendant if one or more of the following is established: (1) the alleged termination was intended primarily as retribution for a lawful act arising out of the tenancy; (2…
A.S.C.A. § 43.1409 Pleadings-Motions-Process-Subpoenas-Witnesses. Compelling attendance and testimony-Defaults-Default judgments-Adjournments-Continuances
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Pursuant to applicable court rules, a court having jurisdiction over summary proceedings may provide for pleadings and motions, issue process and subpoenas, compel the attendance and testimony of witnesses, enter and set aside defaults and default judgments, allow amendments to p…
A.S.C.A. § 43.1410 Summons, issuance, service, contents, time summons remains in effect-Hearing, time
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(a) The court in which the proceeding is commenced issues a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons commands the defendant to appear for trial in accordance with this section. (b) The summons com…
A.S.C.A. § 43.1411 Joinder of claims and counterclaims-Separate disposition of claim for possession
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Except as provided by court rules, a party to summary proceeding may join claims and counterclaims for money judgment for damages attributable to wrongful entry, detainer or possession, for breach of the lease or contract under which the premises were held or for waste or malicio…
A.S.C.A. § 43.1412 Judgment for possession-Entry-Enforcement by writ of restitution-Determination of amount payable to preclude issuance of writ-Costs
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If the court finds that the plaintiff is entitled to possession of the premises, or part of the premises, judgment may be entered in accordance with the finding and may be enforced by a writ of restitution. If it is found that the plaintiff is entitled to possession of the premis…
A.S.C.A. § 43.1413 Issuance of writ of restitution-Conditions
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(a) Subject to the time restrictions of this section, the court entering a judgment for possession issues a writ commanding an officer authorized to serve the process, causing the plaintiff to be restored and put in full possession of the premises. (b) On conditions determined by…
A.S.C.A. § 43.1414 Judgment for defendant for costs-Grounds
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If the plaintiff fails to prosecute his complaint, or if upon trial or motion the plaintiff is found not entitled to possession of the premises, judgment is rendered for the defendant for his costs, which are taxed and collected in the same manner as other civil judgments for mon…
A.S.C.A. § 43.1415 Summary proceedings as additional to other remedies
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The remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory. A judgment for possession under this chapter does not merge with or bar any other claim for relief. History: 1984, PL 18-27 § 1; 1986, PL 19-4…
A.S.C.A. § 43.1416 Review
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A party aggrieved by the determination or judgment of the court under this chapter may appeal to the appellate division of the High Court of American Samoa. The appeal is made in the same manner as an appeal in other civil actions from the same court, with bond and procedure as p…