Civil Cases
What to Expect
A civil case involves a controversy between two or more people where the plaintiff(s) in the case allege that the defendant(s) caused the plaintiff(s) some form of monetary loss. This loss can come from an injury caused to the plaintiff or to the plaintiff’s property. This type of case is referred to as a tort. Another type of civil case is one where the plaintiff’s loss comes from an agreement that was breached by the defendant causing the plaintiff a monetary loss. Small Claims cases fall under the same categories as discussed above except a small claims case cannot have an amount in controversy greater than $6,500. In addition, the parties in a small claims case are not allowed to have attorneys represent them or to have a jury trial. Cases that are greater than the small claims limit but less than $25,000 will be heard in the District Court as a civil case. An attorney can represent the parties involved in a civil case.
Civil cases can end up with a trial on the facts and issues in case or, a civil case may end up with a default judgment because the defendant fails to answer the allegations made by the plaintiff. Civil cases may also have a pre-trial conference where the judge urges the parties to work out a settlement. There may be several motions heard in court before the case goes to trial. Depending on the form of action; a case may be tried by a judge or by a jury. A demand for jury trial must be filed within a certain time period along with a fee to the court. There are several procedures that take place when a jury trial is chosen. A selection process will take place to choose a jury and inform them of their roles in the case.
In a civil trial, both parties have the chance to explain their side of the case beginning with the plaintiff and followed by the defendant. The trial allows all parties involved an opportunity to prove their case by providing evidence or witnesses. After both sides have been heard, the judge or jury will determine the verdict. The jurors would leave the courtroom until they have reached a verdict. A judge may also retreat to his/her chambers to consider the evidence before making a decision.
Once a judgment is made, a verdict is entered and must be signed by the judge. Post-judgment procedures allow either party the opportunity to enforce or appeal their judgment. The process of attempting to collect on the judgment may continue for 10 years or longer after the court issues the judgment.
The district court is also charged with hearing cases involving landlords, tenants and land contract holders. The process of evicting renters that breach a lease, usually by not paying rent, is called a summary proceeding. The landlord presents evidence to the court why the tenant should be evicted and the tenant may present evidence to the court why they should not be evicted. This procedure is generally the same for a property owner wishing to evict someone that has purchased his property on a land contract and the purchaser has violated the terms of the land contract agreement. These cases often involve a claim for money damages as well as a claim to evict the tenant or purchaser. If money damages are granted then the court may be involved in garnishments and orders to recover personal property to satisfy the money judgment.
Where to File
| Holland | 49422 | 49423 | 49424 | 49460 | 49464 | ||
| Hudsonville | 49401 | 49403 | 49426 | 49427 | 49428 | 49435 | 49544 |
| Grand Haven | 49404 | 49409 | 49417 | 49456 | 49448 |