Filing and Defending a Civil Lawsuit Howard Community College Student Street Law Public Service Message Fall 2014

Filing and Defending a Civil Lawsuit Mary Grandfield, Lauren Bornscheuer Veronica Twigg, Mike Scanlon

Procedures In District Court -District court deals with claims that are $5000 or less -A lawsuit may be filed in Small Claims Court in the District Court if: The suit is for money only (not for the return of property or performance of a service) The person filing suit (plaintiff) is at least 18 years old. If the plaintiff is not 18 years old, another person who is at least 18 years old must sue on the plaintiff’s behalf. -File your case as soon as it is reasonably possible

Procedures In District Court -In order to commence an action, you must file a Complaint which will be supplied to you by the clerk of the court and you must pay certain court costs. -Right to a jury trial -Suit will either be in contract or tort -Trial cannot be held until the defendant has been served with a Summons to appear and a copy of your Complaint. -Can dismiss you claim at any time -After judgment is made, You have 10 days after the Court makes its decision to request a new trial and 30 days for an appeal in the circuit court

A summons must: Name the court and parties Be directed to the defendant State the name & address of plaintiff's attorney State the time the defendant must appear and defend Notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint Be signed by the clerk Bear the court’s seal Issuance: On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons—or a copy of a summons that is addressed to multiple defendants—must be issued for each defendant to be served Issuance of Summons

Who Can Serve Papers? “Service or Service of Process” is making sure the other side gets a copy of the papers you are filing. Court can dismiss case if papers are not served correctly. Court issues a Writ of Summons 5-10 days after Complaint, Petition or Motion is filed. You cannot serve the other side yourself. Service by Private Process By a private process serving company for a fee By an adult over the age of 18

Process of Appeals If you disagree with the courts ruling, you may: Appeal to the Circuit Court, by filing a “notice of appeal” in the District Court within 30 days after the entry of judgment. File a “motion for a new trial” within 10 days after the entry of judgment, stating your reasons clearly. File a “motion to alter or amend the judgment” within 10 days after entry of judgment. File a “motion to revise or vacate the judgment” within 30 days after entry of judgment.

Work Cited Serving papers- Procedures in District court- Issuance of summons- Process of Appeals- 1f.pdf 1f.pdf