Scheduling the Hearing
When the complaint, answer and other pretrial papers have been filed and if a resolution between the parties has been unsuccessful, the case is ready to be heard. A judge hears civil cases, unless one of the parties to the lawsuit demands a jury trial.
In most magistrate and small claims cases, the court will send both sides a notice of hearing telling them when and where the hearing will take place. In circuit court cases, the hearing will be scheduled only upon request of one of the parties. Once a hearing is set, you must send a notice to the other side telling them the time and date of the hearing. Failure to provide proper notice could result in your hearing being canceled or rescheduled.
What to Expect in Court
Each court is a little different. Some courts use formal rooms like the ones you see on TV. Some hearings may be held in a small room or the judge’s office (chambers).
Magistrate court may be a less formal setting. A magistrate judge or clerk magistrate will typically start by asking you to tell the court what your case is about. It will be up to you to present your evidence and question your witnesses. The judge will probably ask questions, and each side has the right to question the other’s witnesses.
Circuit court is a more formal setting with a circuit court judge in a robe on the bench. There are strict rules for presenting evidence and questioning witnesses in circuit court. You will be expected to know what those rules are and follow them. The other side may be represented by a lawyer. In hearings without a jury, the judge decides the case. In hearings before a jury, the judge rules on what evidence may be considered by jurors in reaching their verdict. The judge also instructs the jury on points of law pertaining to the case.
In both magistrate and circuit court, clerk of courts staff keeps track of official court files brought before the court. Court reporters/recorders take verbatim notes (exact words) on all that is said in court.
Neither the clerk of courts office nor the judge can provide you with legal advice. Rules prohibit the judge from talking to you about your case outside of the court proceedings. You cannot “talk to the judge” on the phone, in person or via email. To communicate with the judge, you must file a motion, schedule a hearing, and provide the other party with notice and opportunity to be heard before the judge.
The judge may make a decision at the hearing. Often, judges will take additional time to consider the evidence and the law before deciding.