(A)
Filing of Complaint: A complaint is filed by the plaintiff along with
supporting documents. The plaintiff must bring with him two (2) copies of any
documents supporting his claim and plaintiff must have the current address of
defendant. The plaintiff shall also file, at the time of filing the complaint, a
request for regular mail service in the event of failure of certified mailservice.
No more
than twenty-four (24) separate claims can be filed by one person in any one
year.
A Deputy
Civil Clerk shall assist persons in filing claims, docketing the same, setting
them for hearing and receiving court cost deposits. Also, the Deputy Civil Clerk
is responsible for scheduling and administering the conciliation conference. A
Small Claims Magistrate or Judge shall hear and decide those cases which cannot
be settled by conciliation.
(B)
Failure of Service on Defendants: Upon failure of service on the
defendant(s), the clerk shall notify the plaintiff that the case will be
dismissed within sixty (60) days unless the plaintiff has a new address for the
defendant(s).
(C)
Continuances: Every request for a continuance shall be by written
motion and will only be granted upon showing of good cause. All requests shall
be served on opposing counsel or party. The motion shall set forth the date from
which a continuance is requested, reasons for the continuance and certificate of
service on opposing counsel and/or client. If a prior trial conflict exists, the
date of scheduling shall be stated, with a copy of the notice attached to the
motion. Entries shall accompany the motions with blanks for the new trial time
and date, and if agreed to by opposing counsel. No request for continuance will
be considered if made less than seven (7) days before trial, except for
circumstances which by reasonable diligence could not be determined seven (7) or
more days prior to trial.
When a
continuance is requested for the reason that counsel is scheduled to appear in
another case assigned for trial on the same date in the same or another trial
court of this state, the case which was set first for trial shall have priority
and shall be tried on the date assigned. Criminal cases assigned for trial have
priority over civil cases. The granting of any other request for continuance of
a scheduled trial is a matter within the discretion of the trial court.
(D)
Counter-claims: Counter-claims are filed by the defendant against
the plaintiff for a sum arising out of the same incident not to exceed
$3,000.00. A counter-claim must be filed no later than Seven (7) days prior to
the conciliation conference. If you file a counter-claim with the court, you
must serve the Plaintiff and all other parties with a copy of the counter-claim
at least seven days prior to the date of the conciliation conference.
(E)
Contested Hearings: PROCEEDINGS are informal and shall be recorded
by means of audio and/or video tape.
Plaintiff's failure to appear will result in dismissal without prejudice.
Defendant(s)' failure to appear for the contested hearing will result in a
default judgment for the plaintiff. |