Cost of a jury trial in michigan

The defendant is the person or party whom the case is filed against. They are the parties to the case. Not every person can file a case. The plaintiff must be someone who stands to gain or lose by the outcome of the case. In very few situations, a person may file a lawsuit on behalf of someone else who has an interest in the outcome. From the initial filing until the final order, a court case involves a lot of paperwork. Pleadings are the main documents in a court case, and they must all be filed with the court.

The lawsuit begins when the plaintiff files the complaint. The defendant can file an answer after getting the complaint. The defendant may also file a crossclaim or counterclaim with the answer. The plaintiff can then respond to any cross- or counterclaim or file a response to the answer. There are deadlines to file responsive pleadings.

To know how many days you have to respond to a pleading, look at the summons if there is one , read the information in the appropriate toolkit on this website, or contact the court clerk. Each party must state every allegation or statement of fact in a pleading using language that is clear and concise.

There are case-specific court forms available for many types of cases. Court forms are not available for all pleadings in every case.

You may have to write your own pleadings to the best of your ability, or get help from a lawyer. The summons is a form that notifies the defendant of the case. It also tells the defendant to respond by filing an answer within a specific time limit. This is called a default judgment. The plaintiff must serve the summons and complaint on the defendant within this time limit or the judge will dismiss the case. A lawsuit starts when the plaintiff files a complaint with the court.

The complaint is the document that explains the dispute. The plaintiff uses it to tell the judge and the defendant why the suit was filed.

Defendant applied for and was given a credit card by Plaintiff on December 7, , and executed a Credit Card Agreement at that time. Defendant failed to make monthly payments on the account as required by the credit card agreement.

The plaintiff must pay a filing fee when filing the complaint. The filing fee varies depending on the type of case. Your case will not start until you pay the filing fees or the judge approves your fee waiver.

When the complaint is filed with the court, the clerk will assign it a case number. A judge may also be assigned to the case at this time.

It is very difficult to change the judge assigned to a case. This happens very rarely, and only in response to very serious and proven claims of bias or conflict of interest.

Every time you file something with the court, you must give the other party in your case or their lawyer, if they have one a copy of what you filed. This is called service.

Every time you serve the other party, you must give the court proof that you did so. This is called proof of service , or proof of mailing. The papers you file to start your court case the summons and complaint must be served on the defendant in person or by certified mail. A party to the case such as the plaintiff cannot be the one to serve the court papers.

Law enforcement and process servers will charge a fee. For service by mail, the server must send the papers by certified mail, with a return receipt requested and delivery restricted to the defendant. This means the defendant must sign a receipt to get the papers. The receipt a green postcard will then be mailed back to the server.

The post office charges a fee for this service. The plaintiff must let the court know when and how the defendant was served. This is done with a proof of service, which the plaintiff should file with the court before the summons expires. The second or back page of the summons court form has a section to complete for proof of service. Proof can be shown by:. You or the server must file the proof of service or acknowledgement of service with the court where you filed your case.

If the server used certified mail, he or she must complete the proof of service form on the back of the summons and attach the green return receipt.

If the server has tried to serve the documents several times without success, the plaintiff can ask the judge to extend the deadline or for permission to complete service by regular first-class mail or another way alternate service. If the summons expires before the defendant is served, the judge will dismiss the case.

For specific information about how to serve a summons and complaint, find the toolkit on this website that covers your legal matter. After serving the summons and complaint papers in your case, service of later papers is easier.

You can serve the other party or their lawyer with the rest of the papers in your case by:. To learn more, read E-Filing Basics. Every time you do this, fill out and file a proof of service or proof of mailing form saying which papers were served, and when. If you used a Do-It-Yourself tool on this website to draft your court forms, you will have one or more blank proof of service or proof of mailing forms for this purpose.

If you want a blank proof of mailing form to fill in on your own, you can download a copy from the Michigan One Court of Justice website. As with every court paper you file, keep a copy of the proof of service or mailing for your records.

After you file the summons and complaint your case is started. Once the defendant gets notice of the case, they will have the opportunity to present their side of the story. This article will address what happens during a civil court case. The defendant can file an answer with the court.

You can also search for a specific Do-It-Yourself answer in the toolkit for your legal matter, such as divorce or custody. Along with the answer, the defendant can file defenses to explain why something happened. These are explained below. The defendant must file the answer in the same court where the complaint was filed.

If the defendant was served in person, an answer must be filed within 21 days after getting the summons. If the defendant was served by mail, an answer must be filed within 28 days after getting the summons. In the answer, the defendant must answer each claim or allegation made in the complaint. The defendant must number the statements in the answer to match the numbering of the claims in the complaint.

There are three ways to answer each claim. I disagree with the statements in paragraph 3. See Exhibits 1, 2, 3, and 4. The defendant must file the answer with the court and serve a copy on all the parties. Serving documents after the case has been started is easier than serving the initial complaint in the case. A defense is a good reason why the defendant should not lose the case, even if the claim or allegation made in the complaint is true.

If the defendant wants to file a defense, it must be filed with the answer. The defendant should list each defense in a numbered paragraph. If you think you have a defense, you may want to contact a lawyer for help. Defenses can be difficult to prove in court. A defendant who believes the plaintiff owes them something related to the same facts in the complaint should file a counterclaim. All claims related to the claims made in the complaint must be raised in the same lawsuit.

If you think you have a counterclaim, you may want to talk to a lawyer. Use Guide to Legal Help to find information about lawyers in your area. You may make a mistake in pleadings you filed with the court. Within 14 days after the defendant serves an answer, the party who needs to can amend a pleading without getting permission from the judge.

If more than 14 days have passed since the defendant served an answer, the party needs to get permission from the judge to amend. You do this by filing a motion. In some types of cases, a jury may make the final decision. If either party wants a jury, that party must ask for a jury trial and pay a fee. In a civil case, a jury is a made up of 6 people.

Generally, a party requesting a jury trial must file a jury demand within 28 days of when the answer was filed. In eviction cases, tenants who want a jury trial must ask for it in their first response to the eviction complaint, and pay the fee at that time. The plaintiff can also ask for a jury trial as part of the complaint, but it must be clearly stated.

If you want a jury trial, you and the other attorney or party will both select the jury. The goal of the selection process is to make sure the jury is neutral and fair.

There are rules that must be followed when selecting a jury. The process starts with a panel of many potential jurors. To qualify as a juror you must:. Voir Dire is the process of questioning potential jurors.

You should ask questions that will help you learn about their opinions, beliefs, and background. This will help you decide if you the potential juror can be neutral and fair. The judge may do the questioning or allow the parties to do the questioning. It is a good idea to ask the possible jurors open-ended questions.

This will help you gather as much information as possible. Possible jurors can then be dismissed for cause or by peremptory challenges until the jury is selected. There are two types to challenges: challenge for cause and peremptory challenge. A challenge for cause is when a law prevents a person from acting as a juror. There is no limit on the number of for cause challenges.

A peremptory challenge is when you ask to excuse a juror without any specific reason or explanation. For example, you can use a peremptory challenge to excuse a juror if you feel they will not be able to provide a neutral opinion in your case. There is a rule that prohibits discrimination on the basis of race, color, religion, national origin, or gender in the jury selection. After the defendant files an answer, the judge may notify all parties of a pre-trial conference or hearing. This is where deadlines for the case are set.

It may also include a referral to case evaluation. Deadlines may include a discovery period and directions for exchanging witness lists and filing trial briefs. If you need to make a witness list, you may want to contact a lawyer. Use the Guide to Legal Help to find lawyers in your area. Once the deadlines are established, the judge will send the parties a scheduling order. It will list the deadlines set during the pre-trial conference.

It is important to appear at all meetings, hearings, mediations, or investigations the judge schedules. Discovery is the step in a lawsuit where the plaintiff and the defendant try to get as much information from each other as possible. There are very specific rules for discovery in the Michigan Court Rules. If your case involves a great deal of discovery, you may want to contact a lawyer.

Types of discovery include document requests, interrogatories list of written questions requiring a written response , and depositions interviews of witnesses who are under oath. There are no court forms for discovery requests. You will have to draft your requests to the best of your ability, or talk to a lawyer. If someone who is not a party to the case has information to support your claims, you may ask the court to issue a subpoena to require them to share it with you.

Search the Michigan One Court of Justice website for the appropriate court form. For more information about discovery, including subpoenas, read What Is Discovery? Motions are used to ask the judge to make a decision about something before or during the trial. In family law cases, motions are also used after a judgment. For example, a parent with a final custody order may later file a motion to change parenting time.

The motion should explain what the party wants. The party who files the motion is called the moving party. The moving party must request and schedule the hearing on the motion. The party responding to the motion is called the respondent. Either party can file a motion; it does not matter which party started the case.

Every motion filed must be served on the other party or attorney, either by mail or in person. Service by mail must be done at least nine days before the hearing. Personal service must be done at least seven days before the hearing.

The other party can respond to the motion, but the response must be served by mail at least five days before the hearing, or delivered in person at least three days before the hearing. To learn more about specific common motions in civil cases, read Common Motions in Civil Cases coming soon. Information and a video about appearing in court are available in our Going to Court section.

Be prepared to spend most of the morning or afternoon in court. Kayla Clarke , Web Producer. Jewell Jones will face a jury trial in February. Jones is facing drunk driving charges in a widely publicized arrest on I that occurred in April.

He was sent to jail in September after he was accused of violating his bond a third time. Two more charges were added against Jones. Read more: Michigan Rep. Jewell Jones released from jail after bond posted.

Jones said no to a plea deal and will face a jury trial. He was back in court on Friday Dec. The issue of bond came up in court on Friday and the attorney for Jones requested changes. The judge denied those requests. Education: B. Local News. Michigan Rep.