What happens if I can't come the day of the hearing?
If you have a conflict with the court date, either send a written note or phone the Conciliation Court. The note or phone call should give the reason you can't be at the hearing, and it must be received 10 working days before the hearing. You may only ask to change your court date once.
What happens if a defendant files a counterclaim?
The Defendant may also make a claim against you. The Defendant MUST file the claim at least 5 days before the date set for the hearing (Saturdays, Sundays, and holidays not included).
The Defendant MUST also pay a filing fee. The Court Administrator will notify you if a Counterclaim is filed against you. The Counterclaim is heard by the Judge in Conciliation Court on the same date and at the same time set for your claim.
Your claim will be transferred to District Court if the Counterclaim filed against you is above the legal limit for Conciliation Court. The Court Administrator will notify you if the transfer is necessary. If the Defendant fails to file the Counterclaim in District Court after giving you notice of the intent to do so, you may have your claim reinstated in Conciliation Court. You may do this any time after 30 days and before 3 years expire by filing a sworn statement or Affidavit with the Court Administrator. The Affidavit MUST say that the Defendant has not served you with a Summons in District Court.
How do you prepare for the hearing before the judge?
Although Conciliation Court hearings are informal, be adequately prepared to present your case. Conciliation Court does NOT allow attorneys to appear except by permission of the Judge. All parties and witnesses who appear will testify under oath. The witnesses should be present and ready to testify. If a witness is reluctant to appear and testify, you may obtain a SUBPOENA to compel them to appear. You can obtain a Subpoena from the Court Administrator's office by paying a fee for each name. You should be aware that written statements and Affidavits of persons not present in Court have very little value.
You should also bring to Court all other evidence such as receipts, repair bills, estimates and other items, which help prove your claim. You can obtain a Subpoena for documents which relate to your claim which the Defendant or some other person has but is unwilling to give you.
You should prepare a list of facts you wish to present before you go to Court. Organize your presentation to make it as clear and complete as possible. Important facts on a claim are frequently forgotten.
What happens if you don't appear for the hearing?
All parties should appear. If you do not appear for the hearing, the Judge may dismiss your claim or award a default judgment against you. This may happen even if you originally brought the claim. If the Defendant does not appear, the Judge may award a default judgment in your favor.
What happens after the hearing?
The Judge usually does not rule or reach a decision on your claim at the time of the hearing. The Court Administrator's office will mail notice of the Judge's decision to all the parties. The judgment will not become effective until 20 days after mailing the notice. This 20-day period allows any party to appeal or make a motion to vacate the judgment. The Judge may vacate the judgment and order a new hearing if a party that did not appear has a good reason for not appearing at the time of the hearing. Before granting a new hearing, the Judge may require the party who did not appear to pay costs to the other party in the amount of up to $50.00.
How do you appeal a Conciliation Court judgment?
Appeal procedures are more complex that Conciliation Court rules. Although it is not required, it is suggested that the appealing party be represented by an attorney. Court Administration staff are not attorneys and CANNOT practice law. Therefore, they cannot assist you in preparing your appeal. However, forms are available at the Court Administrator's office.
Your case may be appealed or removed to the District Court if either party is dissatisfied with the Conciliation Court judgment. To initiate the appeal, you are required to file a DEMAND FOR REMOVAL, an AFFIDAVIT OF GOOD FAITH, and an AFFIDAVIT OF SERVICE with the Court Administrator within 20 days of the date the judgment was mailed. You must also pay an additional filing fee. Rules of Civil Procedure apply to cases removed or appealed to District Court where proceedings are more formal.
What happens upon an appeal?
Filing an appeal means a completely new trial will take place. You may file a JURY TRIAL DEMAND if you wish the appeal to be heard before a jury. Attorneys may represent both parties. Again, you should prepare to present your case, have your witnesses ready to testify and have all your other evidence available.
If you file an appeal and do not win, you will pay the other party $50.00 as costs.
You will NOT have to pay the other party $50.00 if:
- You win your case in District Court and get either 50% of what you asked for, or more than $500.00 in money or goods.
- The other party wins some amount in Conciliation Court but nothing in District Court.
- You win at least $500.00 in money or goods or 50% more in District Court than you received in Conciliation Court.
- The other party has the amount won from you in Conciliation Court reduced by at least $500.00 or 50% by the District Court.