What happens if I cannot attend the small claims court hearing?
If you cannot attend your small claims court hearing in South Dakota, you can take some steps to try and ensure that your hearing goes forward without your presence. First, you can contact the court and explain why you cannot attend the hearing. You can also ask for an extension of time or an alternative hearing date. If the court finds that your inability to attend is based on an issue related to your health or an emergency, they may be willing to reschedule the court date according to your circumstances. However, if the court feels that you have neglected to appear for the hearing without good reason, they may dismiss your claim. You can also send a representative to the hearing in your place such as an attorney or a family or friend. However, the court may reject your representative if they cannot adequately answer questions on your behalf or provide evidence. Before the hearing, you have the option of reaching a settlement with the other party by having your attorney contact the other attorney or the other party. If an agreement can be reached, the court will then review the agreement and approve it if it is legally binding. In some cases, the court may also allow you to submit a written statement in lieu of appearing in court if there is no dispute over the facts. However, the court will not make decisions regarding your case without hearing from both parties.
Related FAQs
How do I know if I should appear in person in a small claims court case?What is the difference between mediation and arbitration in small claims court?
What is the process of obtaining a judgment in a small claims court case?
What types of disputes can I take to small claims court?
What is the process for requesting a court trial in a small claims court case?
What is the process for collecting a judgment from the other party in small claims court?
How do I file a motion to have a case heard in small claims court?
How does small claims court handle appeals?
Is it necessary to have a lawyer to represent me in small claims court?
What is the procedure for submitting evidence to the court in a small claims case?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing 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