What is conciliation court?
The court with the most limited jurisdiction in Minnesota is conciliation court, sometimes called "the people's court" and known in other states as "small claims" court. Conciliation Court is where civil matters in amounts up to $7,500 can be heard. Each county has a conciliation court division of the district court, except in Hennepin and Ramsey Counties where it is a separate court. In 1999 more than 66,800 cases were filed in conciliation courts throughout Minnesota.
Conciliation Court is unique because no attorneys are needed, and in many counties, attorneys are not permitted to represent persons in conciliation court. The processes and hearings in Conciliation Court are usually informal, and less structured, making it easier for people to present their own cases.
A Conciliation Court claim is not difficult to file, and there are some basic rules that ease the path. Before filing a Conciliation Court suit, people should first attempt to settle the problem. Negotiating can save everybody time, money, and personal energy. It can also bring a successful resolution to the problem.
If a matter can't be resolved, the next step is to file the claim. Claim forms are available at the courthouse or can be obtained by mail. The completed Conciliation Court claim is generally mailed to the person being sued, and a court hearing is set, usually within a month or six weeks. The person who has been sued has the opportunity to bring a counterclaim, that is, sue the original party for any damages that the original caused. This must be done by a form completed and filed with the court at least five days before the scheduled hearing.
The hearing is the most important part of the case. While judges in Conciliation Court do not demand strict adherence to the rules of court in evidence, each side must be prepared to prove its claims. There is, in fact, no substitute for preparation for a Conciliation Court hearing.
Preparation consists of determining the essential facts and gathering the evidence to prove them. The first step in preparation is to write down what happened and what damages occurred. This information should be consolidated into a few short statements. Next, anything that can be shown in court to prove these statements should be collected. Are there documents, such as, receipts, leases, bills, contracts or letters? Are there photographs or actual items that can be taken to court? Are there witnesses, either a person who observed the incident or someone who knew the circumstances before and after? Can you show the costs of damages with an estimate for repairs or a cancelled check?
Judges and referees who hear Conciliation Court cases emphasize that all too often people fail to bring relevant evidence with them to court. This failure may cause them to lose.
Once in court, the person filing the claim will speak first. The person being sued will then have an opportunity to present his or her point of view. But whichever side, speaking clearly and to the point is the real key. In court, a person should be calm, organized, and assertive, but never argumentative with the judge or the other party.
Decisions from Conciliation Court are usually sent in the mail a few days after the hearing. Someone who loses in Conciliation Court can appeal if he or she is dissatisfied with the decision, but only by acting promptly. The appeal period ends 20 days after the decision is reached. Preparing an appeal is more difficult than filing the initial Conciliation Court claim, and often an attorney is needed at this stage. If appealed, the case proceeds as if there had been no decision in Conciliation Court. Once filed in district court the case is treated as a civil case and is heard by a judge or referee.
For more information, including a "User's Guide to Small Claims Court," a "Sample Statement of Claim and Summons Form," and a link to phone numbers for every Conciliation Court in Minnesota, visit the Attorney General's website at http://www.ag.state.mn.us/consumer/Con_Court/Default.htm
- Last Updated
11/4/03 -