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What kinds of civil cases are heard in Magistrates' Courts?
Can I get a jury trial in Magistrates' Courts? How do I file a criminal case? How can I obtain a temporary restraining order? What is a Pre-Distress Warrant? How does a person file an appeal on a civil case? How does a person file an appeal on a criminal case? Can you give me advice about my lawsuit? How can I find a lawyer? Can you recommend an attorney or law firm to me? Can I act as my own attorney when filing a case? How can I check on the status of my case? Can I review case files? How can I find out when my case is coming up for trial (or another scheduled event such as a hearing?) Q: I've seen the terms "Summary Court" and "Magistrates' Courts". What's the difference? These terms are used interchangeably to refer to courts which are presided over by a Magistrate. The administrative support staff for the Magistrates' Courts is always referred to as "Summary Courts Administration". Q: What kinds of civil cases are heard in Magistrates' Courts? Q: Can I get a jury trial in Magistrates' Courts? Yes, you are legally entitled to a jury trial IF YOU REQUEST ONE. If you wish to make such a request, you should speak to the clerk in charge at the Magistrates' Court where your case is being heard. The judge will arrange for a trial date, and a six-member jury will be selected for this purpose. Q: How do I file a criminal case? Q: How does a person file an appeal on a civil case? The Court of Common Pleas handles appeals from Small Claims and other Magistrate civil cases. You have 30 days in which to file an appeal on a civil case. Appeals on civil cases are automatically scheduled as non-jury matters, but you can always ask for a jury trial if you wish. Civil appeals are placed on the court's roster and will come before a judge based on the date the appeal was filed. Civil appeals do not take precedence over any other Common Pleas case. Q: How does a person file an appeal on a criminal case? You have ten days from the date of your trial to file your appeal with the Magistrates' Court where your case was heard. The Magistrate must then issue his Return and submit it along with your appeal to the Clerk of Court within thirty days. A Circuit Judge will then review the appeal along with the Magistrates Return and render his/her decision. Pre-trial Intervention is a diversion program for first-time non-violent criminal offenders. Q: Can you give me advice about my lawsuit? Q: How can I find a lawyer? Q: Can you recommend an attorney or law firm to me? Q: Can I act as my own attorney when filing a case? Yes, you have the right to act as your own attorney. Q: How can I check on the status of my case? Can I review case files? “Amendment” means making a change in a complaint, answer or counterclaim. “Answer” means the paper filed by the party defending against the claim. “Complaint” means the paper filed by the party making the claim. “Counterclaim” means a claim by a defendant against a plaintiff. “Court” means the judge of the magistrate’s court. “Default” means failure to defend such as failure to answer or appear for trial. “Defendant” means the party defending against the plaintiff’s claim. “Execution” means enforcement of the judgment. 34 Administrative and Procedural Rules for Magistrates Court “Judgment” means the decision of the court on the case. “Party” means a person or legal entity that is suing or being sued. “Plaintiff” means the party beginning the case. “Subpoena” means an order of the court requiring a witness to attend and testify at trial. “Summons” means the paper issued by the court that orders the defendant to admit or deny the plaintiff’s claim. What is Magistrate’s Court? Magistrate’s Court is a court of law.You may file a civil lawsuit in Magistrate’s Court if: • You believe that you or your property has been injured or damaged. • The value of that injury or damage is $7500.00 or less. How do you file a lawsuit in Magistrate’s Court? If you believe that you or your property has been injured or damaged, you may decide to file a lawsuit in Magistrate’s Court.Your belief that you or your property has been damaged or injured is called a Claim.To file the lawsuit, follow these steps: • Identify the county where the person lives or company does business that you claim injured or damaged you or your property.You will need to file your lawsuit in that county.There are Magistrate’s Courts in each county.You can find the number for Magistrate’s Court in the “County Government” section of your phone book. • Explain to the Magistrate’s Court what you are claiming and why.You can do this in writing or orally. • In that explanation or statement, you must identify who you claim injured you or your property.You may identify an individual, many individuals or an organization. Every party you identify must be related in some way to the injury that you are claiming. • Decide whether you want to attach to the statement any documents or papers that support your claim. If you have questions, you may ask the Magistrate’s Court personnel. • You must pay a filing fee when you file the Complaint.The amount of the fee changes depending on the county in which the Magistrate’s Court is located. How will you know if you have been sued in Magistrate’s Court? You will know that you have been sued in Magistrate’s Court when you receive a document called a Complaint. A Complaint is a short written statement filed by the person suing you.The person who filed the suit is called a Plaintiff. The Plaintiff first files the Complaint with the Magistrate’s Court.The Complaint then is sent to you.You are called the Defendant. What should you do if you are sued in Magistrate’s Court? If you receive a Complaint, you may take certain actions in order to defend your position: • Explain your position to the Magistrate’s Court.You can do this in writing or orally. • You need to explain your position within the thirty-day period following your receipt of the Complaint.To determine when the thirty-day period ends, count thirty days beginning the day after you receive the Complaint. In other words, if you receive the Complaint on a Monday, day one of the thirty-day period will be the next day, or Tuesday. • If Plaintiff’s claim is valued by the Plaintiff at ________ or less, you must respond within five days. • If you believe that you have a claim against the Plaintiff that Your Guide to Magistrate’s Court 5 relates to his or her claims against you, you may explain to the Magistrate’s Court what you are claiming and why.You can do this in writing or orally. What happens if you are sued and you decide not respond within 30 days? If you receive a Complaint and decide not to defend your position within thirty days, the Magistrate’s Court will enter a Default Judgment. In other words, the Plaintiff will win the lawsuit.This means that the Plaintiff will be entitled to the ______ or relief that he or she claims that you owe him or her. WWhhaatt hhaappppeennss iiff tthhee MMaaggiissttrraattee’’ss CCoouurrtt eenntteerrss aa ddeeffaauulltt jjuuddggeemmeenntt aaggaaiinnsstt yyoouu?? If the Magistrate’s Court enters a Default Judgment, then: • The Magistrate’s Court will notify you that you have lost the lawsuit. • The Magistrate’s Court may order you to ________ the person who won the lawsuit. • The Magistrate’s Court may order you to ______ the total amount due at one time or in installments. If the Magistrate’s Court orders you to pay in installments, you will not need to pay the total amount at one time. Instead, the Magistrate’s Court will allow you to make _______ over a specific period of time, rather than one large _______.These smaller payments are called installment payment s. • If the Magistrate’s Court orders you to make _______ and you fail to make an installment payment, the total _______t of the judgment will become due immediately. In other words, the Magistrate’s Court will not allow you to continue making ________. Instead, you will have to make one large _______. • If you do not _______ due, you may suffer legal consequences. An example of the legal consequences is a negative effect on your ______. How will you know if the defendant files a claim against you after you have sued the defendant? You will know that the person you sued has filed a claim against you when you receive a document called a Counterclaim. A Counterclaim is a short written statement filed by the Defendant.The Defendant first files the Counterclaim with the Magistrate’s Court.The Counterclaim then is sent to you. What should you do if the defendant files a countersuit against you? If the Defendant files a Counterclaim against you: • You should file a reply to the Counterclaim thirty days after you receive it.To determine when the thirtyday period ends, count thirty days beginning the day after you receive the Counterclaim. In other words, if you receive the Counterclaim on a Monday, day one of the thirty day period will be the next day, or Tuesday. • If the Counterclaim is valued by the Defendant at _______ or less, you must respond within five days. • You also will need to appear at trial to defend your position. Most Frequently Asked Questions How do you know where to go for the trial and when to go there? The Magistrate’s Court will contact you to tell you the date and location of the trial.The Magistrate’s Court will contact both the Plaintiff and the Defendant. What can you do if you know that you will not be able to go to Magistrate’s Court on the day that trial is scheduled? Once you know the date and location of the trial, you should decide whether you will be able to go to trial on that date.You must have an important and valid reason for not being able to go to Magistrate’s Court. If you do have an important and valid reason, you must contact the Magistrate’s Court to get permission to get the trial rescheduled or cont inued. Usually, you can only get permission to reschedule once. What happens if the defendant files a counterclaim against you and you fail to appear at trial? If the Defendant files a Counterclaim against you, you should appear at trial to argue your claims against the Defendant and to defend your position. If you do not appear at trial, the Magistrate’s Court will dismiss your claims against the Defendant. In other words, you will not win the lawsuit.Additionally, if you do not appear at trial, the Magistrate’s Court will rule in favor of the Defendant. In other words, the Defendant will win his or her claims against you.This means that the Defendant will be entitled to the _________ or relief that he or she claims that you owe him or her. What happens if the plaintiff and defendant do not appear for trial? If the Plaintiff and the Defendant fail to appear for trial, then the Magistrate’s Court will dismiss all the claims that were filed. In other words, neither the Plaintiff nor the Defendant will win.Additionally, if the Magistrate’s Court dismisses the claims, the lawsuit will no longer exist. Are you entitled to a jury trial? If you want a jury trial, you must send a written request for a jury trial to the Magistrate’s Court at least five working days before the date of the trial. What happens at trial? You and your opponent will appear before the Magistrate Judge at the same time in the courtroom. If you are the Plaintiff: • You will explain your claims and your position first. • You may ask questions to any witnesses whom you believe will support your position. • You may give the Magistrate Judge any documents or things that you believe will support your position. • You may ask the Defendant questions that relate to your claims. • If you do not have an attorney or if the Defendant does not have an attorney, the Magistrate Judge will question you, the Defendant and any witnesses. If you are the Defendant: • You will explain your position and any claims that you may have after the Plaintiff explains his or her claims and position. Your Guide to Magistrate’s Court 7 • You also may ask questions to any witnesses whom you believe will support your position. • You also may give the Magistrate Judge any documents or things that you believe will support your position. • You may ask the Plaintiff questions that relate to your position and your claims. • If you do not have an attorney or if the Plaintiff does not have an attorney, the Magistrate Judge will question you, the Plaintiff and any witnesses. Anything that the Plaintiff, the Defendant and the witnesses say will be under oath. In other words, if any individual does not tell the truth, that individual may have committed perjury. After you and your opponent have explained your positions, either the Magistrate Judge or the jury will review the information. As soon as the Magistrate Judge or the jury finishes reviewing the information, the Magistrate Judge or the jury will decide the outcome of the lawsuit. The Magistrate Judge will tell both parties at the same time in the courtroom who won the case. This is called the verdict. What happens if you believe that a person will help your position but you do not believe that the person will come to trial? You may believe that a person or many people have information that will support your position.You may ask anyone to come to trial to be a witness. A witness will answer questions asked to him or her by you, the opposing party and the Magistrate Judge. Some people you want to be witnesses will not come to trial if you ask them. If someone refuses to be a witness, you may contact the Magistrate’s Court.The Magistrate’s Court may have the power to issue a subpoena to force the person to come to trial. What happens if you disagree with the final decision? You may not agree with the final decision.This final decision is called a judgment. If you disagree with the judgment, you may file a motion for a new trial within five days from the date you receive notice of the judgment. You do not have to file a motion for new trial. Instead, you may appeal to the __________ court to review the decision. How do you appeal a judgment in Magistrate’s Court? |