Form 3 - Defendant'S Request For Hearing/ Removal To District Court - Notice Of Hearing Page 2
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2FORM 3 – INSTRUCTIONS FOR HEARING IN SMALL CLAIMS COURT OR REMOVAL TO DISTRICT COURT
TO THE DEFENDANT:
If you intend to contest the claim filed against you, you must request a hearing in small claims court on the
reverse side of this form (Form 3) and file your request with the Clerk of District Court within twenty (20) days of
receipt of the Claim Affidavit and this form.
If within twenty (20) days of receipt of the affidavit and forms, the court has not received a request for a
hearing, a hearing will not be scheduled and judgment may be entered against you by default.
If you elect to remove the case from Small Claims Court to District Court, you must file the following with the
Clerk of District Court within twenty (20) days of receipt of the Claim Affidavit and this form:
1.
REMOVAL TO DISTRICT COURT - reverse side of this form (Form 3)
2.
A copy of the claim affidavit (Form 2)
3.
Your answer to the claim (Form 4)
4.
The $80.00 filing fee, unless waived by the court.
You must also serve the plaintiff with a copy of this Form 3, which will notify the plaintiff of your removal of
the matter to district court.
NOTE: If you elect to remove the action to district court, the district court must award attorney's fees to a
prevailing plaintiff.
(See the advantages and disadvantages of Small Claims Court on Form 1.)
NOTICE OF HEARING:
If the Defendant requests a hearing in small claims court and files the request within twenty (20) days of receipt of the
Affidavit and Request Form, the Clerk of District Court will schedule a hearing to be held not less than ten (10) days and not more
than thirty (30) days after receipt of the Defendant's request.
Bring all receipts and evidence related to the case and any witnesses that you wish to have testify on your behalf.
IMPORTANT:
IF YOU DO NOT REQUEST A HEARING, OR IF YOU REQUEST A HEARING AND DO NOT COME TO
COURT AT THE PLACE, TIME, AND DATE SPECIFIED, THE COURT MAY ORDER A JUDGMENT
AGAINST YOU.
Revised 08/2010
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