

A subpoena can be obtained from the clerk’s office. A subpoena is a piece of paper completed by you and issued by the court which commands certain persons to appear in court and may direct them to bring documents with them or to produce evidence.Similarly, if you need additional documents that are not in your possession, you can issue a subpoena for the documents as well. If a witness will not agree to appear, you need to subpoena them.Contact any witnesses you need to call to prove your case and confirm that they will appear on the hearing date.Also prepare extra copies for the judge and other party (or parties) Collect all the documents you need for your case.The following steps are recommended to prepare for the hearing: The magistrate judge is Chief Magistrate Henry A. The magistrate court for Newton County is located at: 1132 Usher St Covington, GA 30014 The defendant has 30 days to respond or answer the claim. Once this time period passes, the defendant is in “default.” Defendant’s Time to AnswerĪfter the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. The defendant has only thirty days to respond to the caim. An additional hearing by the court will be necessary if the plaintiff asked for something that does not have a specific dollar amount. If a default judgment is entered, the plaintiff is awarded the amount that was requested in the claim along with court costs. If the defendant fails to answer the claim or appear at the hearing, the judge can issue a default judgment without hearing from defendant. Sometimes, mediation is recommended or required before the judge will hear the case. You should remember that the procedures and rules for small claims court cases are designed so that a party should not need to have to retain an expensive attorney in order for their case to be effectively presented. All cases are tried and heard before a judge, without a jury.

You can file the case on your own (without retaining an attorney). You may hire an attorney but you are not required to.
