The form Request for Court Action – Civil/Small Claims Division enables the plaintiff in a case to request a continuance, nonsuit or dismissal on a case coming into court. The defendant in a case can also request a continuance of an upcoming case.
If the continuance request is by agreement of both parties, then the request will be sent to chambers for the case to be continued. If the continuance request is not by agreement, then the request is sent with the case into court on the upcoming court date and the judge will decide at that time.
If the continuance request is received at least 4 days prior to the court date and is agreed to by all parties, then the case will be continued to the agreed next court date, pending availability of the chosen date. Available court dates for trial are posted in the docket review room in the clerk’s office and in the civil courtrooms each morning before court.
Small Claims trials are heard on the initial return date. Prior to the initial court date, a continuance may be granted if the new date is available and agreed to by all parties. Continuances requested without agreement of all parties may be granted only by a judge for good cause shown.
The plaintiff is able to request a nonsuit or dismissal of a case coming into court. If the request is received at least 4 days prior to court, then the case will be removed from the court’s docket. If the request is not received at least 4 days prior to court, then the request will go into court with the case on the court date.
It is the responsibility of the party requesting the court action to send notice to the other party.