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"This republic shall be a government of laws
and not of men."
 
  :CIVIL
  .:Authority
  .:Purpose
  .:Jurisdiction
  .:Duties of Parties
  .:Case Management
  .:Judicial Steps
  .:Trusteeships
  .:Jury management
  .:Escrow
  .:Contested Hearings
  .:Continuances
  .:Small Claims Fee
 
 
Mason Municipal Court Front View

Duties of Parties

(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.

 

 

 

 

 

 

 

 

 

   
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