The following steps describe the basic procedure for filing a case in General District Court:
| • | The plaintiff should complete the Civil Warrant form and pay the filing fee at the General District Court in the city or county where the defendant lives (or has an office) or the place where the dispute arose. | ||||
| • | The Clerk of Court will have the sheriff serve a civil warrant on the defendant. (The most frequently used type of civil warrant is a Warrant in Debt.) | ||||
| • | Once the defendant has been served, he must appear in court on the time and date set in the Civil Warrant. The judge may order him to also file a written Answer within a set time.
|
Both parties may come to an agreement and resolve the dispute. The plaintiff must inform the clerk, in writing, that the case has been settled. |
The case could be settled before it goes to trial.
If the case is not settled ahead of time, it will go to trial. Both parties prepare for court by gathering the papers and documents that would help present their side of the story. These papers and documents would include such things as bills, receipts, contracts, letters and photographs. Witnesses would also be notified of the court date. The clerk will issue a Subpoena (Order to Appear) for the witness if requested to do so by a party.
During the trial each party has an opportunity to present his side of the story by telling the judge what happened through his evidence and his witnesses. Each party may ask questions of the other; the judge will also ask questions. After hearing both sides and looking at the evidence, the judge will make a decision (based on the law and what he sees as the facts). His decision is called the Judgment.
If the plaintiff wins the case, the defendant must pay the judgment. If the defendant does not pay, the plaintiff may ask the clerk of court to issue:
| • | a Writ of Fieri Facias, which is an order to the sheriff to pick up some of the defendant's property, sell it, and give you the amount of money that was awarded to you. The sheriff does not have to obey this order until he gets a bond (a kind of insurance against liability for obeying the order to pick up and sell the defendant's property); or |
| • | a garnishment summons which tells a person (such as an employer or bank) holding money belonging to the defendant to send the money to the court so that it can be paid over to the plaintiff. This garnishment would continue until the losing party had paid the full amount owed. |
If the plaintiff or the defendant disagrees with the Judgment, a Notice of Appeal form must be filed with the clerk within 10 days. Within 30 days of the Judgment an appeal bond must be posted and all appeal costs paid.
The decisions of a General District Court can be appealed to Circuit Court where the party filing the appeal can ask for a trial by jury.