You will have to present all your evidence and testimony again. If you want to appeal, the case will be retried in the Circuit Court. Trial is normally set within 60 days of when the complaint was filed. You can use the formal “discovery” process to request the other side answer questions or provide you with certain information. You cannot use “discovery” to get information about the other side. Even if you do not have a lawyer, you must follow all the court rules. Rules and procedures are simpler and informal.įormal rules of evidence apply and the procedure is more complex. You will need to pay for your own lawyer. Should I file in my case as a Small Claim or a regular Civil case? Here are some things to consider: Small Claims If your case meets all three of these conditions, you may file your case in District Court as a small claim. You are not planning to request any discovery such as interrogatories (written questions that the other side must answer under oath in writing, before trial).Your claim is for money only, not the return of property or performance of a service and,.To be tried as a small claim in District Court, your case must meet the following conditions: While you can hire a lawyer if you choose, the rules of evidence and procedure in small claims cases are simplified to make it easier to represent yourself. Small claims are handled less formally than other cases.
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