What is the process for requesting a court trial in a small claims court case?

In South Carolina, a court trial in a small claims court case is initiated by filing a Complaint with the court. The complaint must contain the full name and address of the person filing the complaint (the plaintiff) and the person responding to the complaint (the defendant). It must also include a brief explanation of why the plaintiff is filing the complaint and the amount of the claim being sought. After the Complaint is filed, it must be served on the defendant. This can be done in person by a court official or by certified mail. In addition, the defendant must be informed that he/she has the right to appear and defend himself/herself in court. Once the defendant receives the Complaint, he/she can choose to settle the matter outside of court, hire a lawyer to represent him/her in court, or file an Answer. If the defendant does not respond within 20 days, the plaintiff may request a Default Judgment. If the defendant does file an Answer, the parties must then go through a process of “discovery” before the trial. During this process, both parties provide each other with documents and other evidence related to the case. Once the discovery process is completed and all other requirements are met, a date for a court trial will be set. The plaintiff and the defendant are expected to appear and present their cases in front of a judge. Each party can call witnesses to testify and will have the opportunity to cross-examine the other party’s witnesses. After both parties have presented their cases, the judge will render a verdict.

Related FAQs

How do I file a claim in small claims court?
Can I represent a business in small claims court?
Can I request a trial by written declaration in small claims court?
Who can testify in a small claims court case?
What is the process for objecting to evidence in a small claims court case?
What types of disputes are eligible for small claims court?
Can I represent someone else in small claims court?
How can I enforce a small claims court judgment out-of-state?
What is the maximum claim amount in small claims court?
Can I request a jury trial in a small claims court case?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023