When you filed your lawsuit, it was scheduled for hearing at a certain date and hour (sometimes known as the “return date”). In most counties, plaintiff and defendant must both appear in court then and the defendant will be asked to answer the complaint. In some counties, neither party is required to appear. Instead, a defendant wishing to contest the case must answer the complaint in writing (or by telephoning the clerk’s office) before the return date. In these counties, if the defendant answers on time, the plaintiff will be sent a copy of the defendant’s answer and notice of the time of the first court hearing.
B. Attending The First Hearing
a judge, court commissioner or clerk. Although the summons states that it is not necessary to bring
witnesses at this time, it may help to bring along any evidence, including papers and documents, that
may prove your claim. It is a good idea to arrive early. If you are not in court on time, you may lose
the case and have to start over. In counties with many courtrooms, you may need to check a calendar of that day’s court proceedings to determine in which courtroom your case will be called.
The clerk will call out the name of the cases one by one as they are listed on the calendar. When
you hear your case called, go to the front of the courtroom and identify yourself. If the other party
is present, he or she will also approach at the same time. The judge, court commissioner or clerk will
ask the defendant if he or she admits to the plaintiff’s claim. If the defendant admits that he or she owes
the money and does not have any other defense, the plaintiff is entitled to judgment. If the defendant
does not admit the claim, the plaintiff will be allowed to describe the facts stated in the complaint and
to show details on the damages he or she wants the court to award.
The judge, court commissioner or clerk will check the legal papers and decide whether any
key facts are in dispute. The judge or commissioner might discuss possible settlement with you. If
both parties agree to a settlement in front of the judge or commissioner, it becomes a binding
agreement.
If both parties appear but cannot come to an agreement, the judge or commissioner can hold
a hearing and make a decision immediately, if there is time available and both parties agree. Often,
however, the matter is set for hearing at a future time. Except in evictions, a party who appears at
the return date will be allowed to have the hearing postponed at least seven days upon request. In
eviction cases, a delay is not permitted unless both parties agree or good cause is shown.
If both parties appear and cannot reach agreement in an eviction, replevin or garnishment case,
the matter will be scheduled for a hearing before a judge as soon as possible.
