Information for Guidance of the Defendant
Defendant is the person being sued.

  1. The purpose of Small Claims is to resolve disputes promptly.
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  2. The Defendant in a Small Claims action receives notice either by certified mail or is served in person. In this notice he is directed to appear in Small Claims Court to answer the claim. The Defendant in any court action is presumed to be free of responsibility in such action until the Plaintiff proves the facts by showing a preponderance of the evidence. This means that the Plaintiff must prove that:
    1. The Defendant is indebted to him.
    2. The amount of the indebtedness.
    3. Demand for payment has been made.
    4. The Defendant has refused to satisfy such debt.
  1. The Defendant is advised to bring whatever books, papers, and witnesses he may need to establish his defense to said claim. While there are no provisions for the compensation of attorneys in Small Claims Court, the Defendant and/or the Plaintiff may retain counsel if he wishes. A Defendant may file a counter-claim. To determine if this is appropriate, a Defendant should consider consulting a private attorney.
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  2. Do not submit any evidence to support your defense prior to the hearing. No pre-trial conferences with the Judge will be granted unless BOTH parties are present.
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  3. Should the Defendant fail to appear at the time and place set forth, a Default Judgment will be entered for the amount of the claim stated, plus court costs. If the Court should find against the Defendant, he must pay the amount awarded at that time or at such time and upon such terms and conditions as the Court decides. The Court is unable to consider payment terms unless the Defendant makes an appearance. If the Defendant breaks the terms of the payment schedule the Plaintiff will be authorized to immediately seek collection of the outstanding balance.
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  4. Either party may appeal to the District Court WITHIN (5) WORKING DAYS of judgment. A Notice of Appeal to the District Court must be filed with the Justice Court along with the filing fees of $121 ($24 for Justice Court, $82 for District Court and $15 for Attorney fees). Additionally you must post with the Court sufficient money to cover the cost of transcript preparation and an appeal bond in the amount of the judgment. The Judge or the Clerks cannot give legal advice regarding the District Court requirements. You may with to contact a private attorney to help you with this procedure.
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  5. In keeping with the dignity and decorum of the Court, the following attire is requested for court appearances:

Male: Long or short sleeve dress-type shirts, slacks, or dress-type denim trousers, dress shoes or boots.

Female: Dresses, dress slacks, or shirts & blouses, dress shoes.

Churchill County Nevada

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