You will need to appear in court on your court date, whether you have service or not.

1. The docket will be called at 9:00 A.M. for affidavits and 10:00 A.M. for evictions. When your name is called, please inform the judge that you are here and whether you are the plaintiff or the defendant.

     A. If the plaintiff is present and there is good service and the defendant does not appear, there will be judgment for the plaintiff after the judge hears the reason for the lawsuit.

     B. If the plaintiff is present and there is not good service, the plaintiff must go to the Court Clerk's office to file an alias affidavit if he wishes to continue with the lawsuit.

     C. If the plaintiff is not present, but the defendant is present, the case will be dismissed. The plaintiff must file a new case if he wishes to pursue the lawsuit.

     D. If neither the plaintiff nor the defendant appears, the case could be stricken or dismissed, depending on service.

2. Good service means that the affidavit or summons has been delivered to the defendant according to the requirements of the law. Unless these requirements are met the law does not permit the judge to give the plaintiff judgment. This holds true even if the defendant knows the date and time of the hearing.

3. After the docket has been called, there will be a recess for the judge to sign the journal entries (judgment) for those who have received judgment.

     A. Those plaintiffs that are familiar with small claims court and have prepared journal entries must see the bailiff or clerk to have it checked before presentation to the judge for signature.

     B. For those who are not familiar with small claims court and have not prepared journal entries, please wait until those having prepared journal entries have presented them to their clerk before you have your journal entries prepared. The clerk will prepare the journal entries for those who are not familiar with small claims court.

     C. When the journal entry is presented to the judge, he/she will determine the right recover. Please have ready any promissory notes, repair estimates or other documents for the judge to inspect.

     D. After the judge signed the journal entry, take it to the court clerk's office (fourth floor room 409) to have it filed.

4. Agreed journal entry

     A. During the recess, if a defendant admits he owes the amount of money claimed by the plaintiff, the plaintiff and defendant may reach an agreement. In this case the plaintiff takes judgment for the full amount or a lesser amount agreed upon.

     B. If the parties wish this kind of agreement, the defendant and plaintiff both sign the journal entry. That journal entry must show the amount to be paid.

     C. If this kind of agreement is agreed upon, the defendant may leave after signing the journal entry and the plaintiff will present it to the court for signature. The plaintiff will then file it.

5. All journal entries must be signed on the day they are heard unless specific permission is obtained from the judge on the day the case is heard.

6. After the recess to sign journal entries the contested cases will be heard. Both parties to the lawsuit are expected to present all witnesses and evidence at that time.

7. When the judge makes a decision, the court will award the court cost and attorney fees applicable. The judge cannot help collect the money. For advice on how to collect the judgment please get the advice from an attorney.

Re: Alias Affidavit-Small Claims

Alias Summons-Forcible Entry & Detainer (F.E.D.).

Your case may be dismissed unless you immediately
notify the clerk for the judge assigned to your case that the
hearing has been rescheduled. Take a copy of the filed alias affidavit
or alias summons to the judge's office after you leave the counter.
Inform the clerk of the original hearing date and the rescheduled date.
Show the document to the clerk to confirm the new hearing date.