District Court Civil

Frequently Asked Questions

1
I have been served with a complaint and I know I owe the debt, what should I do?
You must file your answer to the complaint within twenty (20) days of being served. You can contact the plaintiff or the plaintiff’s attorney to set up payment arrangements. If you fail to answer the case or contact the attorney to set up payment arrangements, you may be defaulted and a judgment may enter against you.
1
What do I do if I cannot make my court date?
You must notify the other party in writing at least ten (10) days in advance of the hearing date. You must notify the court as well. If an agreement cannot be reached, you must file a motion with proper notice to the other party. You must appear in court on the motion. If you do not receive a continuance before the hearing the case will proceed against you and a decision may be made against you in your absence.
1
What should I do if I am going to be late for court?
You must call the Clerk’s Office as soon as possible. There is no guarantee the case will be held until you can appear.
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Do I need an attorney to file a civil case?
If you are a plaintiff in certain civil cases you do not need to be represented by an attorney. If you are a corporation, LLP, or LLC you may need to be represented by an attorney. You will, however, be expected to know the proper procedure for processing your case in the courtroom. The judicial officer is not there to assist you, and the clerk’s office cannot give you legal advice. At any time, you can, at your own expense, hire an attorney.
1
Do I need an attorney to file a small claims case?
If you are a plaintiff and a corporation you only need to be represented by an attorney if you have assets over one million dollars ($1,000,000.00). If you file an affidavit stating that you are a corporation and have assets less than one million dollars ($1,000,000.00), you do not need to be represented by an attorney and can represent yourself.
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What do I bring to the hearing to prove my case?
You should bring an expert witness or other witnesses, documents, or any other evidence to prove your case to court. Failure to do so may result in an adverse decision against you, or having the case continued.
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How do I get a witness to court?
If your witness will not come to court voluntarily, you can obtain a witness subpoena from the Clerk’s Office. There is no fee for the subpoena, but you will have to pay a fee to the sheriff or constable to have the witness served.