In General District Court the legal process is simple enough that an individual can file a claim or defend himself in a case without having to hire a lawyer. A person may hire a lawyer to represent him in General District Court if he chooses to do so.
There are many types of disagreements that are brought to court. A claim may be filed in General District Court because: |
Someone owes money to you and will not pay;
You worked for someone but have not received the full amount of pay agreed;
You have paid someone to perform some work or repair something, and he has not done it;
Someone has damaged something you own and refuses to repair or pay for the loss or damage.
Before filing a claim in General District Court, the parties should try to resolve the problem. If a reasonable solution to the dispute cannot be reached, then a claim can be filed. Both parties in the case (plaintiff and defendant) should understand the following legal terms:
Plaintiff ‑ the person or business who sues another person or business (in General District Court, you normally sue by applying for a civil warrant).
Defendant ‑ the person or business who is being sued.
Basis of Claim ‑ the grounds or reasons why the applicant or plaintiff believes that the defendant should pay him money or give him property.
Answer ‑ the paper the judge may require the defendant to file stating the reasons why he disputes the plaintiff's claim.
Party ‑ both the plaintiff and the defendant are known as the parties of the case.
Default Judgment ‑ when the judge decides in favor of the plaintiff because the defendant failed to appear in court at the time and date set in the civil warrant.
Summary Judgment ‑ when the judge decides in favor of the plaintiff because the defendant did not file an answer within the time set by the judge or when the judge decides in favor of the defendant because the plaintiff did not prove his case and the defendant asks for summary judgment.
Witness ‑ anyone who testifies in court based upon his or her
first-hand knowledge of the case.
Civil Warrant ‑ the form that legally makes the defendant come to court in a case. A sheriff or deputy sheriff serves the warrant that specifies the date and time at which the defendant must appear in court to tell his side of the story.
Subpoena (Order to Appear) ‑ the form that legally makes a witness come to court to testify (tell what he knows) in a case.