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We served someone for small claims court, and we just

Customer Question
We served someone for...

We served someone for small claims court, and we just received in the mail that he went to the court and put in a motion to transfer to justice court. What does this mean?

Lawyer's Assistant: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?

Montana

Lawyer's Assistant: Has anything been filed or reported?

We filed ours against him in small claims, and was served

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This motion was granted, and he also filed a motion to dismiss which was not granted and a motion for continuance which was granted.

Submitted: 4 months ago.Category: Legal
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Answered in 8 minutes by:
3/10/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,510
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What this means is that the other side has transferred the case to a higher court so that they can defend there. Small claims doesn't allow attorneys, but justice court does. So this may be why they have transferred it to the higher court.

.

.

thanks

Barrister

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Customer reply replied 4 months ago
He is doing this PRO SE. and it states he wishes to utilize the discovery process
Lawyer: Barrister, Attorney replied 4 months ago

Ok, that would be another reason... the process is much more formal in justice court and there are other extended process like discovery that can be used.

.

In small claims court you just show up on the hearing date with your evidence and the judge listens to the case and makes a decision. In justice court, either side can go through discovery where they request information and evidence from the other side for their case. They can send out written requests for information called interrogatories and the rules of evidence apply about submitting things into evidence.. It also takes longer and there can be a jury if either side requests it..

.

So it is just a more complicated court to have a case in compared to small claims..

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Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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