11 We are presented with two issues on certiorari. First, are summary judgment motions under Rule 18 of the Rules for District Courts of Oklahoma, 12 0.8. (1991), ch. 2, app. (Rule 13), inconsistent with the purpose of the Small Claims Procedure Act, 12 O.S. § 1751 et seq.-namely, the efficient and prompt disposition of small claims?1 We may review claims which relate to alleged deprivations of due process of law despite a failure to preserve error. Bottles v. State ex rel. Oklahoma State Bd. of Medical Licensure and Supervision, 1996 OK 59, ¶4, 917 P.2d 471, 472; Pettit v. American Nat'l Bank, 649 P.2d 525, 529 (Okla. 1982). Second, does the appraiser's alleged conduct, if *842proven, constitute a deceptive trade practice or an unfair trade practice under the Oklahoma Consumer Protection Act, 15 O.S8. (1991), § T51 et seq.?

{2 We hold that summary judgment motions are inconsistent with the purpose of the Small Claims Procedure Act and that the real estate appraiser's alleged conduct, if proven, constitutes an unfair trade practice. We reverse and remand for further proceedings consistent with this opinion.

I

FACTS

13 Jerry Patterson, dba Patterson Pest and Weed Control (Mr. Patterson), performed a termite inspection for Lonnie and Bernice Beall (collectively, Mrs. Beall). Mr. Patterson billed Mrs. Beall $105.00. She refused to pay the bill because, according to her, she had not asked him to perform a termite inspection but rather had requested merely a free estimate. The dispute escalated. He filed a $105.00 lien against her property. She then asserted she had performed a real estate appraisal for him, demanded payment of $115.00 for the appraisal and attempted to file a $115.00 lien against his property. He denied having requested an appraisal and denied she had performed an appraisal for him. He complained about her to the Oklahoma Real Estate Commission. She complained about him to the Oklahoma Department of Agriculture. Both entities declined to pursue the complaints. He then sued her for $4,500.00 in the small claims division-for breach of contract ($105.00) and for alleged violations of the Oklahoma Consumer Protection Act. She filed counterclaims against him for $4,500.00-for breach of contract ($115.00), for alleged violations of the Oklahoma Consumer Protection Act, for specific performance and to quiet title.

4 Mrs. Beall eventually paid Mr. Patterson $105.00 and both parties released their respective liens,. Mrs. Beall also eventually voluntarily dismissed her Oklahoma Consumer Protection Act counterclaim against Mr. Patterson.

[ 5 The trial court permitted the parties to file summary judgment motions. In a written order the trial court addressed all remaining claims and counterclaims. With respect to Mrs. Beall's counterclaims, the trial court concluded that the remedies of specific performance and quiet title are outside the seope of the Small Claims Procedure Act. The trial court then granted summary judgment against Mrs. Beall on her counterclaim for breach of contract. Mrs. Beall did not appeal from these adverse rulings.

6 With respect to Mr. Patterson's claims, the trial court found the parties settled Mr. Patterson's breach of contract claim when Mrs. Beall paid Mr. Patterson $105.00. The trial court then granted summary judgment against Mr. Patterson on his claim that Mrs. Beall violated the Oklahoma Consumer Protection Act. The trial court found that Mrs. Beall's alleged conduct was not deceptive and did not constitute a trade practice under the Oklahoma Consumer Protection Act. Mr. Patterson appealed.2

II

STANDARD OF REVIEW

¶7 We review the trial court's legal rulings de novo. Manley v. Brown, 1999 OK 79, 989 P.2d 448. De novo review requires an independent, non-deferential re-examination of another tribunal's record and findings.

III

SUMMARY JUDGMENT MOTIONS UNDER RULE 183 ARE INCONSISTENT WITH THE PURPOSE OF THE SMALL CLAIMS PROCEDURE ACT-THE EFFICIENT AND PROMPT DISPOSITION OF SMALL CLAIMS.

A

The Small Claims Procedure Act

¶8 The Small Claims Procedure Act, 12 0.8. (1991), § 1751 et seq. (the Act), pro*843vides a special procedure for certain actions where the amount of money sought to be recovered does not exceed four thousand five hundred dollars ($4,500.00).3 It provides an informal procedure "to facilitate the access of parties to simple, inexpensive and speedy justice." Johnson v. Scott, 1985 OK 50, 702 P.2d 56, 59. The unmistakable public policy goal of the Act is to provide small claims forums as "people's courts, uncomplicated by the formal demands of superior courts." Thayer v. Phillips Petroleum Co., 1980 OK 95, 613 P.2d 1041, 1044.4

T9 In the interest of promoting the prompt and efficient disposition of small claims actions, the Act allows no formal pleadings other than a small claims affidavit and in some cireumstances an answer. 12 0.8. (1991), § 1758.5 The Act requires that the trial be set not more than sixty days nor less than ten days from the commencement of the action. 12 0.8. (2000), § 1756.6 If the defendant desires to assert a counterclaim or setoff by verified answer, the Act requires the defendant to file the answer with the court clerk not later than seventy-two hours prior to the trial so as not to delay the trial. 12 0.8. (1991), § 1758.

¶ 10 The Act prohibits all depositions, interrogatories and all other discovery procedures except after judgment in aid of execution. 12 0.8. (1991), § 1760.

111 The Act mentions one pretrial motion only. 12 O.S. (1991), § 1757. It allows the defendant to file a motion to transfer the small claims action to the regular civil docket. Lee Wayne Co., Inc. v. Pruitt, 1976 OK CIV APP 23, 550 P.2d 1374. The Act requires that the motion to transfer be filed and defendant be given notice of the motion at least forty-eight hours prior to the trial. 12 0.8. (1991), § 1757. The granting of the motion is discretionary with the trial court. Id.

[ 12 The Act does not allow new parties to be joined and it prohibits other parties from intervening in the action. 12 O.S8. (1991), § 1760.

¶13 The Act requires that if either party desires a jury the party must notify the court clerk in writing at least two working days before the trial so as not to delay the trial 12 0.8. (1991), § 1761. Regardless of the whether the trial is jury or non-jury, the "rules of evidence are relaxed." Prudential Mgmt. Co., Inc. v. Allen, 1976 OK 122, 554 P.2d 1365, 1366; Black v. Littleton, 1975 OK CIV APP 1, 532 P.2d 486, 487. The hearing and disposition of a small claims action is "informal with the sole object of dispensing speedy justice between the parties." 12 O.S. (1991), § 1761.

B

Motions for Summary Judgment under Rule 18

¶14 Motions for summary judgment are governed by Rule 18 of the Rules for District Courts of Oklahoma, 12 O.S. (1991), ch. 2, app. The standard for a summary judgment specified in Rule 18 is that there is no sub*844stantial controversy as to any material fact as shown by the affidavits and discovery materials attached to the motion. Hamilton v. Allen, 1998 OK 46, 852 P.2d 697.7

115 Rule 13(a) allows a party to serve a motion for summary judgment anytime after the filing of the action, except that if the action has been set for trial the motion must be served at least twenty days before the trial date. The motion must be accompanied by a concise written statement of the material facts as to which the movant contends no genuine issue exists and must explain why the movant believes summary judgment should be granted. The statement must refer to evidentiary materials upon which the movant relies and copies of these materials must be attached to the statement. Rule 13(a). With the exception of affidavits, these materials almost always take the form of discovery responses such as excerpts of depositions, answers to interrogatories and to requests for admissions, and documents that have been produced in response to discovery requests. Id.

116 Rule 18(b) allows the opposing party an opportunity, within fifteen days after service of the motion, to serve upon the moving party and file with the court clerk a written statement in response to the motion. The response must include a concise written statement of the material facts as to which the opposing party contends there is a genuine issue and the reasons for denying the motion. Id. The written statement must set forth and number each specific material fact that is claimed to be in controversy and must include references to the specific pages and paragraphs or lines in the attached affidavits and discovery materials upon which the opposing party relies. Id.

a. A party may move for judgment in his favor on the ground that the depositions, admissions in the pleadings, stipulations, answers to interrogatories and to requests for admissions, affidavits, and exhibits on file, filed with his motion or subsequently with leave of court show that there is no substantial controversy as to any material fact.

The motion shall be accompanied by a concise written statement of the material facts as to which the movant contends no genuine issue exists and the reasons why summary judgment should be granted.

Reference shall be made in the statement to the pages, paragraphs and/or lines of the depositions, admissions, answers to interrogatories and to requests for admissions, affidavits, exhibits and other materials whether filed by the moving party or by the adverse party, and a copy of the material relied on shall be attached to the statement.

The motion may be served at any time after the filing of the action, except that, if the action has been set for trial, the motion shall be served at least twenty days before the trial date. The motion shall be served on the adverse party or parties and filed with the court clerk.

b. If the adverse party or parties wish to oppose the granting of the motion, they shall serve on the moving party and file with the court clerk within fifteen days after service of the motion a concise written statement of the material facts as to which he or they contend a genuine issue exists and the reasons for denying the motion. The adverse party shall attach to the statement affidavits and other materials containing facts that would be admissible in evidence, but the adverse party cannot rely on the allegations or denials in his pleading. In the statement, the adverse party or parties shall set forth and number each specific material fact which is claimed to be in controversy and reference shall be made to the pages, paragraphs, and/or lines of the depositions, admissions, answers to interrogatories and to requests for admissions, affidavits, exhibits and other materials whether filed by the moving party or by the adverse party, and he shall attach to the statement the portions relied upon. All material facts set forth in the statement of the movant which are supported by admissible evidence shall be deemed admitted for the purpose of summary judgment unless specifically controverted by the statement of the adverse party which is supported by admissible evidence. If the motion for judgment is granted, the party or parties opposing the motion cannot on appeal rely on any fact or material that is not referred to or included in the statement in order to show that a substantial controversy exists.

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d. Should it appear from an affidavit of a party opposing the motion that he cannot for reasons stated present facts essential to justify his opposition, the court may deny the motion for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

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Rule 13 of the Rules for District Courts of OkKla-homa, 12 O.S. (1991), ch. 2, app.

117 Further, Rule 18(d) allows a party opposing a motion for summary judgment to seek a continuance by submitting an affidavit explaining why he or she cannot present facts essential to justify opposition to the *845motion. The trial court may order a continuance to permit the opposing party to obtain affidavits or to conduct additional discovery.

C

Analysis

{18 "The primary goal of statutory construction is to determine legislative intent. That intent is to be ascertained from the statute in light of its general purpose and object. It is presumed that the Legislature has expressed its intent in a statute and that it intended what is so expressed." TXO Production Corp. v. Oklahoma Corp. Comm'n, 1992 OK 39, 829 P.2d 964, 968-69.

{19 In our view motions for summary judgment under Rule 13 are inconsistent with the intent and purpose of the Small Claims Procedure Act-the efficient and prompt disposition of claims.

120 First, the application of Rule 18's timing requirements to small claims actions would encumber the very purpose of the act. The Act's timing requirements are designed with speed and efficiency in mind. The Act allows a small claims trial to be set as early as ten days after commencement of the action. Any trial setting between 10-20 days after commencement of the action would either preclude Rule 183 motions (since a Rule 13 motion must be filed at least 20 days prior to trial) or would require a continuance of the trial. Any trial setting within thirty days after commencement of the action would undoubtedly, in most instances, also require a continuance.

121 Second, the purpose of the Act is to create a simple, uncomplicated "people's court" in which the procedures are informal and the litigants do not need to hire lawyers. In contrast, the procedures of Rule 18 are more technical and complex. Few non-lawyer litigants embroiled in a dispute within the jurisdictional limitations of the small claims division are likely to be aware of Rule 13. It is even less likely that they would understand its timing requirements, its suffi-clency requirements with respect to motions and responses, or the effect of not filing a response at all. A non-lawyer litigant faced with a motion for summary judgment is far more likely to need the services of an attorney.

122 Third, the Small Claims Procedure Act expressly prohibits discovery. In contrast, summary judgment motions almost always require the use of discovery materials.8

128 Fourth, the Act relaxes the rules of evidence. In contrast, Rule 13 does not allow the rules of evidence to be relaxed. In order for material facts that are not controverted by the adverse party to be deemed admitted for the purpose of summary judgment, those material facts must be supported by admissible evidence. Rule 13(b).

124 Fifth, the maxim "expressio uni-us est exelusio alterius," that the mention of one thing in a statute impliedly excludes another thing, is used to determine legislative intent. PSO v. State ex rel. Corporation Commission, 1992 OK 153, 842 P.2d 750, 753. The Legislature expressly allowed one pretrial motion in the Small Claims Procedure Act-a motion to transfer the small claims action to another docket of the district court. The Legislature declined to allow for the filing of any other pretrial motions. From the Legislature's provision for one and only one pretrial motion we conclude the Legislature did not intend to allow motions for summary judgment in small claims actions.

1 25 Sixth, either party who desires access to the full panoply of pretrial motions has a method to avoid the limited procedures in the small claims division. A plaintiff may simply choose not to sue under the Act in the first instance. A defendant sued under the Act may move, pursuant to 12 O.S. (1991), § 1757, to transfer the action to the regular civil docket.

126 In conclusion, we hold that motions for summary judgment under Rule 18 are inconsistent with the purpose of the Small Claims Procedure Act-the efficient and *846prompt disposition of claims-and are not applicable in small claims actions.

IV

THE OKLAHOMA CONSUMER PROTECTION ACT

A

Introduction

1127 In the 1960's, individual states began to enact consumer protection laws designed to parallel and supplement Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), which Congress adopted to protect citizens against unfair trade practices. Bee Leaffer and Lipson, Consumer Actions Against Unfair or Deceptive Acts or Practices The Private Uses of Federal Trade Commission Jurisprudence, 48 Geo. Wash. L.Rev. 521 (1980). These state laws, generally referred to as consumer protection acts or as unfair and deceptive trade practices acts, derived from various forms suggested to the states by the Federal Trade Commission (FTC) and the Commissioners on Uniform State Laws.9

%28 Oklahoma's Consumer Protection Act (OCPA) is codified at 15 0.8. (1991), § 751 et seq. Because the OCPA is remedial in nature it is to be liberally construed to effectuate its underlying purpose. See, eg., Holmes v. LG Marion Corp., 258 Va. 473, 521 S.E.2d 528 (1999).

129 Mr. Patterson contends the following conduct by Mrs. Beall violated the OCPA: (a) demanding payment for a real estate appraisal that he never requested and that she never performed and (b) filing a false, retaliatory lien against his property.

B

Private Right of Action under the Oklahoma Consumer Protection Act

180 The Federal Trade Commission Act does not provide for a private right of action. Nevertheless, most of the state consumer protection acts, including Oklahoma's, do. See National Consumer Law Center, Unfair and Deceptive Acts and Practices, app. A (dth ed. 1997) (includes citations to and summaries of the states' consumer protection acts). The private right of action in the OCPA is found at 15 O.S. (1991), § 761.1.10 Based on the statutory language, the four elements of a consumer's private action under the OCPA are: (1) that the defendant engaged in an unlawful practice as defined at 15 0.8. (1991), § 758; (2) that the challenged practice occurred in the course of defendant's business; (8) that the plaintiff, as a consumer, suffered an injury in fact; and (4) that the challenged practice caused the plaintiff's injury.

1 31 The first element to be proved is that the defendant engaged in an unlawful practice under the OCPA. Unlawful practices are identified in § 758. Subsections (1)-(15) of § 753 declare a number of specific acts to be unlawful practices. Subsections (16)-(19) and (21)-(23) of § 753 refer to other Oklahoma statutes and declare violations of these statutes to be unlawful practices. Finally, pertinent to the instant case, subsection (20) is a catchall provision that declares unlawful the commission of any "unfair or deceptive trade practice as defined in section 752." The second element derives from the introductory phrase of § 758. It requires that the challenged practice must occur "in the course of the person's business." The third element, that the plaintiff as a consumer suffered an injury in fact, derives from § T61.1(A). This subsection gives a private right of action only to "an aggrieved consumer." It requires that an aggrieved consumer sustain damages as a result of the defendant's unlawful practice. The fourth element, causation, also derives from § T6L1(A). This subsection requires plain*847tiff to prove that his or her damages were caused by the defendant's unlawful practice.

132 A minority of states have adopted a fifth element-that the alleged unlawful practice affects the public interest. See, e .g. Hall v. Walter, 969 P.2d 224, 285 (Colo. 1998); Nelson v. Lusterstone Surfacing Co., 258 Neb. 678, 605 N.W.2d 186, 141 (Neb. 2000); Hangman Ridge Training Stables, Inc. v. Safeco Title Ins. Co., 105 Wash.2d 778, 719 P.2d 581, 585 (1986). These states inferred the public interest element from certain language used in their respective consumer protection acts that is not used in the OCPA. Thus, we decline to require as an element of a private OCPA claim that the challenged conduct affect the public interest.11

C

Does Mrs. Beall's Conduct, if Proven, Constitute an Unfair Trade Practice?

1383 The trial court determined Mr. Patterson failed to establish the first element of his private right of action under the OCPA-an unlawful practice. The trial court concluded that Mrs. Beall's conduct, even if proven, did not violate the OCPA because the conduct did not constitute an unfair trade practice under the OCPA. We disagree.12 |

134 The OCPA defines an unfair trade practice as follows:

(12) "Unfair trade practice" means any practice which offends established public policy or if the practice is immoral, unethical, oppressive, unserupulous or substantially injurious to consumers.

15 0.8. (1991), § 752 (12). While this statutory definition of "unlawful trade practice" is broad it is not unique. Many state consumer protection statutes do not specifically define what constitutes an unfair trade practice but instead provide broad protection and leave it to the courts to determine whether specific conduct qualifies. See generally, Donald M. Zupanee, Annotation, Practices Forbidden by State Deceptive Trade Practices and Consumer Protection Acts, 89 ALRB3d 449 (1979 & Supp. 2000).

135 Whether alleged conduct constitutes an unfair trade practice under the OCPA is a fact question that the trial court must determine on a case by case basis. Under the unique cireumstances of this case, we have no difficulty concluding that if Mrs. Beall demanded payment from Mr. Patterson for a real estate appraisal that was neither requested nor performed, and filed or attempted to file a false lien against Mr. Patterson's property, her conduct constituted an unfair trade practice as that phrase is defined in the OCPA.

$36 Accordingly, we vacate the Court of Civil Appeals opinion, reverse the trial court's summary judgment against Mr. Patterson on his OCPA claim, and remand the case for further proceedings consistent with this opinion.13

*848V

VACATION OF THE AWARD OF APPELLATE ATTORNEY'S FEES AND COSTS TO MRS. BEALL

{37 The Court of Civil Appeals awarded Mrs. Beall her appeal-related attorney's fees and costs. Since we vacate the Court of Civil Appeals' decision and reverse the trial éourt's judgment, we also vacate the award of appeal-related attorney's fees and costs. Thompson v. Independent School Dist. No. 94, 1994 OK 189, 886 P.2d 996.

VI

SUMMARY

{38 We hold that motions for summary judgment are inconsistent with the intent and purpose of the Oklahoma Small Claims Procedure Act and, therefore, summary judgment motions cannot be filed or considered in the small claims division of the district court. We further hold that if Mr. Patterson's OCPA claim is not otherwise precluded and if he proves Mrs. Beall's conduct as alleged, then Mrs. Beall's conduct constituted an unfair trade practice under the OCPA.

THE OPINION OF THE COURT OF CIVIL APPEALS IS VACATED; THE AWARD OF APPEAL RELATED ATTOR-NEYVS FEES AND COSTS IS VACATED; THE TRIAL COURTS JUDGMENT IS REVERSED AND THE CAUSE IS REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

dissenting from the court's opinion.

T1 The court vacates today the Court of Civil Appeals' opinion, reverses summary judgment entered in a small claim as impermissible in the context of the Small Claims Procedure Act1 and remands the cause to determine whether the defendants' conduct constitutes an unfair trade practice under the Oklahoma Consumer Protection Act [OCPA]2

T2 While I do not recede from the court's disposition, I cannot join its Ayperglo-bal pronouncement that ignores the much marrower issues presented by the record. The question the court invoked sua sponte for today's reversal and now answers-whether summary process can be fitted into the legislatively crafted scheme of procedure for small-claims litigation-is a pure exercise in supererogation3 that produces no more than obiter dictuni.4 Without pausing to consider if summary process may arbitrarily be barred from a whole class of litigants, today's pronouncement lures lawyers into a false sense of security. This is so because the court stopped short of testing its superfi*849cial analysis by the mandated norms of uniformity and symmetry as well as by the notion of fundamental law's fairness that underlies Art. 5, § 46, Ok. Const.,5 to be examined together with state and federal due process standards and the Equal Protection Clause of the XIVth Amendment. Today's blanket summary-process ban from small claims is myopically literal, simplistically rigid and utterly insensitive to the state and federal constitutional commands. I would, on this record, leave undisturbed the trial court's utilization of party-initiated summary process whose use was not timely and frontally challenged as unauthorized for small claims. Instead I would reverse summary judgment as flawed and remand the cause for first-instance determination whether (a) the appraiser's conduct lies dekors the OCPA's purview as an agency-regulated activity and (b) the exterminator's allegations (of deceptive and unfair trade practices) are sufficient to support a breach of the OCPA.

I

THE ANATOMY OF LITIGATION

13 Jerry Patterson d/b/a Patterson Weed and Pest Control [Patterson or exier-minator] brought a claim against Lonnie and Bernice Beall [collectively called Beall or appraiser] for breach of contract and for violation of the OCPA.6 Beall pressed a counterclaim against the exterminator for (a) breach of contract, (b) "violation" of the OCPA, (c) quiet title and (d) specific performance. Both parties sought summary relief.7 Responding to these quests, the trial court disposed of the parties' claims by what it called "dismissal" and directed each of them to pay its own counsel fees.8 The law clearly requires that we treat the nisi prius dismissal as summary judgment.9 The Court of Civil Appeals affirmed. Only the extermanator appealed. The latter seeks relief by certiorari.

II

TODAY'S PRONOUNCEMENT IS HY-PERGLOBAL AND TOTALLY DETACHED FROM THE CON-OF THE RECORD

T4 The court's absolute ban of summary process from small-claims litigation is over-broad. It extends beyond the issues presented by the record.10 This case simply does not tender the issue whether summary-judgment *850practice may be utilized in small claims. The record offers a far less broad snippet of the procedure to be tested here. It poses the narrow question whether in this small claim it was reversible error to act upon the appraiser's quest for summary judgment on the exterminator's claim. That issue should be answered by holding no more than that summary relief was inappropriate because it is unsuited for resolution of disputed fact issues.

15 The appraiser sought summary relief from the exterminator's small claim and later pressed her own counterclaim. 'The exterminator (a) challenged the appropriateness of summary disposition based on his belief that the record presented disputed fact questions and (b) himself sought suramary relief from the appraiser's counterclaim. Neither party argued below that summary relief constitutes process inappropriate for use in small claims. Instead, both "expressly agreed that any litigant shall be free to file dispositive pre-trial motions...." 11 The appraiser's response to the petition in error notes that by agreement the parties submitted the case to the trial judge for resolution by summary relief The only negative expression about summary process is that found in the exterminator's supplemental brief on certiorari. There, without any further explanation, he refers to the "aberration of summary judgment in small-claims cases.12 "" Even if these remarks may be accepted as argument against the use of summary process in small claims, they came much too late at certiorari stage. In time-honored appellate practice they are to be dismissed as mere afterthought.13

T6 From a footnote comment in the exterminator's 19 May 1998 motion for summary judgment on the appraiser's counterclaim (cum response in opposition to the appraiser's renewed motion for summary judgment on exterminator's claim), the court takes a giant leap to conclude that the exterminator broadly challenged below, on due process grounds, the use of summary process in a small claim.14 The exterminator's eryptic comments are no more than a realistic observation about the limits of summary process when utilized in small-claims litigation. They fall short of a frontal challenge to the use of summary process in a small claim.

17 Today's broad pronouncement un-qualifiedly condemming summary process' *851use in small claims is clearly «unwarranted by the record.

IH

THE USE OF SUMMARY PROCESS RECEIVING TODAY'S SUA SPONTE BLANKET CONDEMNATION IS BANNED UPON A REVERSAL THEORY THAT WAS NOT URGED IN THE TRIAL COURT

18 An appellate court's jurisprudential gloss upon an issue not tendered by the aggrieved party for the judgment's reversal represents no more than gratuitous commentary and an exercise in futility.15 Because the exterminator did not press for the blanket ban of summary process at nisi prius, neither the intermediate appellate nor this court may (on certiorari) reach that issue on review. No reviewing court is free to give corrective relief on a theory not tendered by the aggrieved party for the judgment's reversal.16 Moreover, courts are not allowed to forecast what they might do about an issue that is not before them.17 Were the court affirming in this case a nisi prius refusal to consider summary process in the context of a small claim, its ruling could be rested on any applicable theory consistent with the record presented for review. A reversal, on the other hand, may neither be grounded on some theory invoked sua@ sponte nor on any pressed argument which lacks record support.18

T9 Simple prudence dictates that we eschew from reaching today-either directly or by dicta-the purely abstract question of whether summary process is to be entirely banished from small-claims litigation.

IV

NO TENABLE LEGAL BASIS EXISTS FOR BARRING LITIGANTS' ACCESS TO SUMMARY PROCESS

110 Today's rigid approach to the small-claims regime is ill-advised and short-sighted. The question is not how neatly summary process can be fitted into the statutory scheme of procedure for small-claims litigation, but whether there is a constitutional or statutory command for exeluding summary process from small claims. This record is barren of any tenable legal ground for globally depriving litigants of access to the valuable mechanism that summary relief affords. Summary process (a) is not condemned by the legislature, (b) if properly applied, bears mo characteristics injurious to fair and orderly procedure, and (c) poses no incongruity with the minimum standards of due process.

A.

The Small Claims Procedure Act Affords No Basis For An Across-the-board Condemnation of Summary Process

¶ 11 The only expression in the Act to which one may point as perhaps inhospitable *852to summary relief is that which prohibits discovery.19 Purely dilatory motions alone stand barred by the regime prescribed for the small-claims practice. Summary process is not in that rubric. It serves the very opposite purpose - that of accelerating a claim's disposition by isolating, in advance of trial, issues that are not in controversy.20 A motion for summary relief is not dilatory when, as here, discovery is either unnecessary or cam easily be limited to a mamage-ably microscopic dimension accomplishable by self-help.21 Summary practice also affords an effective and useful sereen against questionable or spurious claims and defenses.22 Depriving judges who hear small claims of this procedural device foists upon them lengthy trials that could easily be avoided.

112 Today's rigidity in construing the Act not only places undue constraints on the use of summary process, it also fails to examine the philosophical underpinnings that make small claims a distinct class of litigation.

B.

Rule 13 Does Not Bar Small-Claims Litigants from Access to Summary Process

€13 Summary process at nisi prius is governed solely by Rule 13.23 That rule does mot exclude small claims from the reach of summary-disposition practice. There is no rule-imposed impediment to deciding small claims by summary process, in whole or in part. Nor is there any obstacle to employing in small claims a "mini-form" of summary process that would authorize the judge to examine and decide "any individually and clearty defined fact issue that is claimed to be undisputed and shown to be supported solely by inferences consistent with the mov-ant's position in the case." 24

{14 The statutory time limits for bringing a small claim and for pressing summary *853relief do not raise an insurmountable barrier to this conclusion. Judges who hear small claims are clearly in charge of their dockets and may, if necessary, enlarge the statutory time limits to accommodate a nondilatory quest for summary relief 25 Recent legislative changes in the small-claims procedure, which have elongated the time for setting a claim to be heard from 80 to 60 days,26 are compatible with the summary process' use designed to eliminate both the expense and delay of trial when no material facts are at issue.

115 No litigant should be denied access to summary relief unless the use of that process is banned by the constitution or by an enactment that will pass fundamental law's muster. Since no such barriers are present here, today's hyperglobal pronouncement is utterly unwarranted.

V

THE RULE OF EXPRESSIO UNIUS EST EXCLUSION ALTERIUS IS INAPPLICABLE IN DETERMINING THE APPROPRIATENESS OF SUMMARY PROCESS IN THE CONTEXT OF SMALL-CLAIMS PROCEDURE

{16 The general rule that the express mention of one matter excludes other similar matters that are not mentioned 27 has no application here. The maxim is an auzsiliary rule of statutory construction, not an abso-tute norm of substantive law. It should be applied only as an aid in discovering legislative intent. It is never to be followed to the extent of defeating it.

T17 The Small Claims Procedure Act's reference, in 12 0.8.8upp.1994 § 1757,28 to motions for transfer of the cause to the general docket does not exclude resort to procedural devices that are consistent with the object of the Act-the efficient and prompt disposition of claims and defenses.29 The court may not infer from the mention of a motion to transfer that other motions stand excluded from small-claims procedure. A valid ground must first be raised for prohibiting a judge from entertaining the use of summary process in a small claim before that valuable procedural mechanism can be withheld from a litigant on that.docket. °

VI

TODAY'S ABSOLUTE EXCLUSION OF SMALL-CLAIMS LITIGANTS FROM THE BENEFIT OF SUMMARY PROCESS OFFENDS THE EQUAL PROTECTION CLAUSE

T18 Absolutely excising from the benefits of summary process every small-claims litigant, including even those who need not resort to discovery, is no less offensive to the Equal Protection Clause than subjecting prisoners to a different mode of trial (nonju-ry) for mental-health commitment from that which is accorded other persons.30 In both *854instances a valuable and critical procedural device is denied without any rational relation to some characteristic that would make the distinction free from an impermissibly discriminatory impact.31

119 A party litigant cannot be deprived of a valued procedural device, otherwise available in the district court to other litigants, unless the exclusion bears a rational relationship to the legitimate objective to be attained. The remedial objective of small-claims procedure is to prevent delay and foster expeditious decision-making.32 Only delay-causing discovery is banned. When utilization of summary process would cause no delay, there is no rational relationship between exclusion of summary process and the legislative purpose of eliminating delay.33

1120 Summary relief clearly is compatible with the speed factor that is legislatively infused. Its purpose is to eliminate the delay and the expense of a needless trial where there is no material fact issue to be examined.34 Today's myopically and absurdly rigid construction of the Act prohibits summary relief for all small-claims litigants where no discovery is required. This approach plainly offends due process and equal protection standards.

121 No delay component was present in this case. Both parties pressed for summary judgment in an effort to avoid a needless trial on the claim pressed by the other. New-ther party sought discovery. Summary judgment was resisted by the exterminator on the contention that fact issues made its application impermissible. The appraiser's counterclaim was summarily disposed of without the necessity of trial. On this ree-ord, today's hyperglobal jurisprudential treatment is plainly injurious to the bench and bar. It lures practitioners as well as judges into a false sense of security by not affording them an in-depth examination into the fundamental law's impact on the court's blanket condemnation of summary relief, total or partial.

VII

THE PROCEDURAL UNIFORMITY COMMANDED BY ART. 5, § 46, OKLCONST.,35 REQUIRES THAT SUMMARY PROCESS SANS DISCOVERY BE AVAILABLE TO SMALL-CLAIMS LITIGANTS

122 Today's pronouncement is insensitive to the constitutional norms of uniformity and symmetry. Art. 5, § 46, Ok. Const., mandates, in absolute terms, statewide procedural uniformity for an entire class of similarly situated persons or things.36 Its relevant terms expressly prohibit the legislature *855from regulating court procedure by disuni-form rules.37 Although directed to the legislature, the terms of § 46 are equally binding on the judiciary.38 This court's own jurisprudence, no less than the legislature's enactments, must faithfully conform to the fundamental law's prohibition against disuniform laws on prohibited subjects.39 Judicial procedure is a subject explicitly protected from legislative imvasion by asymmetrical regulation and hence also from the court-injected genre of disuniformity.

123 Today's across-the-board removal of small claims from the range of permissible summary-relief use destroys the symmetry of Oklahoma's summary-process regime and offends the uniformity-of-procedure mandate of § 46. The court's overbroad pronouncement denies all small-claims litigants that fundamental fairness in litigation process which is available to other suitors. Even if Rule 13 did explicitly bar summary judgments in all small claims-thus including those claims in which that relief could be pressed, in whole or in part, without resort to discovery-the breadth of its prohibitory seope would violate the norms of § 46. By today's pronouncement, which sua sponte singles out all small-claims litigants who need no discovery for less favorable treatment, the court destroys the very fabric of uniformity that the constitution commands.

VIII

SUMMARY

124 Today's overbroad pronouncement, in which the court, acting sua sponts, takes summary process out of the small-claims procedure under all circumstances, is obiter dictum- rank jurisprudential ballast of no efficacy. No litigant below or on appeal pressed for that relief To the contrary, summary process was invoked below by the parties' agreement to seek summary relief by their separate quests to escape liability on-the claim pressed by the other. The court today goes far beyond what is necessary to decide the case before it.

125 There is no basis for the myopically simplistic and excessively rigid notion that in small claims relief by summary process must be declared unauthorized. | This view finds no support in the constitution, the state statutes or in the court rules. The purpose of summary process, wherever invoked, is that of accelerating a claim's disposition by isolating, in advance of trial, issues not in controversy and by sereening out questionable or spurious claims and defenses. Today's overbroad and absolute ban is inconsistent with the Act's declared legislative objective. It also contravenes due process and equal protection norms as well as the procedural symmetry mandated by Art. 5, § 46, Ok. Const.

126 On this record, I would leave undisturbed the trial court's utilization of party-initiated summary process (which neither of them attacked below as unauthorized for small claims); I would reverse summary judgment as impermissible for this case and direct that the cause stand remanded for further proceedings to be conducted in the first-instance court.