Transcript Filing and Defending a Civil Lawsuit

Filing and Defending
a Civil Lawsuit
Howard Community College
Student Street Law Public Service Message
Fall 2014
Filing and Defending
a Civil Lawsuit
Mary Grandfield, Lauren Bornscheuer
Veronica Twigg, Mike Scanlon
Procedures In District Court
-District court deals with claims that are $5000 or less
-A lawsuit may be filed in Small Claims Court in the District Court if:
The suit is for money only (not for the return of
property or performance of a service)
The person filing suit (plaintiff) is at least 18 years old. If the plaintiff is not 18 years old, another
person who is at least 18 years old must sue on the plaintiff’s behalf.
-File your case as soon as it is reasonably possible
Procedures In District Court
-In order to commence an action, you must file a Complaint which will be supplied to you by the clerk of the
court and you must pay certain court costs.
-Right to a jury trial
-Suit will either be in contract or tort
-Trial cannot be held until the defendant has been served with a Summons to appear and a copy of your
Complaint.
-Can dismiss you claim at any time
-After judgment is made, You have 10 days after the Court makes its decision to
request a new trial and 30 days for an appeal in the circuit court
Issuance of Summons
A summons must:
Issuance:
• Name the court and parties
• On or after filing the complaint, the
• Be directed to the defendant
plaintiff may present a summons to
• State the name & address of
the clerk for signature and seal. If
plaintiff's attorney
the summons is properly
• State the time the defendant must
completed, the clerk must sign,
appear and defend
seal, and issue it to the plaintiff for
• Notify the defendant that a failure
service on the defendant. A
to appear and defend will result in a
summons—or a copy of a
default judgment against the
summons that is addressed to
defendant for the relief demanded
multiple defendants—must be
in the complaint
issued for each defendant to be
• Be signed by the clerk
served
• Bear the court’s seal
Who Can Serve Papers?
• “Service or Service of Process” is making sure the other side
gets a copy of the papers you are filing.
• Court can dismiss case if papers are not served correctly.
• Court issues a Writ of Summons 5-10 days after Complaint,
Petition or Motion is filed.
• You cannot serve the other side yourself.
• Service by Private Process
• By a private process serving company for a fee
• By an adult over the age of 18
Process of Appeals
If you disagree with the courts ruling, you may:
 Appeal to the Circuit Court, by filing a “notice of appeal” in the
District Court within 30 days after the entry of judgment.
 File a “motion for a new trial” within 10 days after the entry of
judgment, stating your reasons clearly.
 File a “motion to alter or amend the judgment” within 10 days after
entry of judgment.
 File a “motion to revise or vacate the judgment” within 30 days
after entry of judgment.
Work Cited
 Serving papers- http://www.peoples-law.org/print/book/export/html/906
 Procedures in District courthttp://www.oag.state.md.us/Consumer/smallclaims.pdf
 Issuance of summonshttp://www.law.cornell.edu/rules/frcp/rule_4
 Process of Appealshttp://www.courts.state.md.us/district/forms/civil/dccv00
1f.pdf