Litigation
Jury Trials and Bench Trials
Lawsuits in Magistrate Court
Lawsuits in Magistrate Court can seem simple, but there are many moving parts to handling these cases. Every Magistrate office across the State is different, and many times apply different procedures. Civil cases in Magistrate Court follow the Magistrate Court Rules; however, if no rule can be found, then it is likely that the Civil Rules of Procedure will come into play.
Mediation is another key factor in the lawsuit procedure. The purpose of mediation is to give parties one more opportunity to sit down and work out their differences. A certified mediator will work with them to make sure that both sides of their side of the story told and give them an opportunity to present or accept offers of settlement.
Magistrate Court Rules
2 APPLICATION OF STATUTORY LAW AND CIRCUIT COURT PRACTICE IN ABSENCE OF RULE
4 FILING CIVIL ACTION; ACTION AGAINST CORPORATION; LONG ARM STATUTE
7 ANSWER AND COUNTERCLAIM; TIME FOR FILING
8 DELIVERY AND FILING OF PLEADINGS AND OTHER PAPERS
10 TRIAL DATE; NOTICE; FAILURE TO ANSWER
11 DEFAULT JUDGMENT; DISMISSAL OF ACTION; DAMAGES
12 RELIEF FROM JUDGMENT OR ORDER
13 CONDUCT OF TRIAL; JURY TRIALS; WITNESSES; SUBPOENAS
14 AMENDMENT OF COMPLAINTS, ANSWERS, AND COUNTERCLAIMS; CONTINUANCES
15 EXCHANGE OF INFORMATION BETWEEN PARTIES; SETTLEMENT
16 DIRECTED VERDICT; JUDGMENT NOTWITHSTANDING THE VERDICT
17 COSTS; NOTICE OF JUDGMENT; ENFORCEMENT
19 NEW TRIAL; AMENDMENT OF JUDGMENTS
20 OFFER OF JUDGMENT; CONSEQUENCES OF NON-ACCEPTANCE
